A practical guide to trademark protection for Food & Drink brands

Every great food product starts with taste, but it is the brand that turns a first impression into a long-term connection.

Your brand is the name on the packaging, the logo on the menu, and the promise that your customers associate with every purchase. It is what turns a simple product into something familiar and trusted.

A registered trademark transforms that brand from a concept into a legally owned asset. It gives the owner the exclusive right to use and license the name, logo, or design and provides a solid legal foundation for enforcement against imitation. 

For businesses within the food and drink sector, this protection delivers real advantages. It helps you

For a deeper look into why trademarks are so important for food and drink retailers, read the full article: 12 good reasons for food and drink retailers to register a trademark

Creativity is your friend. Choose a name that reflects your brand story, not just your product features. The more unique your mark, the stronger and easier it is to protect.

Tip: Suggestive, abstract, or invented words tend to offer the best long-term protection (for example, Haagen-Dazs for ice cream or Oatly for plant-based drinks).

Before you commit to labels or signage, check that no one else has registered, or even applied for, a similar name in your market. A legal team can help you assess the risk level and adjust your branding if needed. This step is essential even for small local businesses, as conflicts can happen at every stage.

Tip: Trama offers a free lawyer’s check with results delivered within 24 hours, followed by expert guidance on the next steps for registration.

Trademarks are granted on a “first to file” basis in most countries. If someone else files before you, you could lose rights even if you’ve been using the name longer.

Action point: File for protection as soon as you can, ideally before your public launch. 

The optimal trademark strategy depends on your business model, supply chain, and growth ambitions. The key principle: protect your brand wherever it creates or captures value.

Your first registration should always be in your country of origin, where your business is incorporated and primarily operates. This provides a legal foundation and supports enforcement at the local level.

If you export products or plan to do so within the next 2–3 years, register in those markets before establishing distribution or partnerships.

Common priorities for food and drink exporters include:

If your production or packaging occurs abroad, for example, bottling in Italy or roasting in Colombia, register your mark there too. This prevents local third parties from misusing or registering your brand within that jurisdiction.

Online sales mean your brand can gain visibility in markets long before you actively enter them. Competitors in those regions may try to register your mark first to block your entry or profit from your reputation. If you sell internationally through your website or marketplaces, extend protection to the countries you most frequently ship to or advertise in.

Selecting the correct trademark classes is as important as choosing the right jurisdictions. Trademark protection is class-specific: it applies only to the goods and services covered in your application.

The Nice Classification system (adopted globally) divides goods and services into 45 classes. For the food and drink industry, the following are typically relevant:

A precise class selection provides strong coverage and minimises gaps that competitors might exploit. A trademark lawyer can evaluate your operations and future plans to ensure comprehensive and commercially sound protection.

For detailed class guidance and tailored recommendations, use our online tool:

Operating an online business offers both opportunity and vulnerability for food and drink brands. Here’s how to protect your trademark effectively across the internet:

Register your primary domain name and common variations across multiple top-level domains (e.g., .com, .uk, .eu). Trademark registration strengthens your position under the Uniform Domain-Name Dispute-Resolution Policy (UDRP), enabling you to reclaim domains registered in bad faith by third parties.

Proactively secure your brand handle on all major social media platforms, even those you don’t currently use.

Platforms such as Instagram, TikTok, Facebook, LinkedIn, and X (Twitter) have trademark complaint procedures allowing removal of infringing profiles or content. Verified profiles also serve as public proof of authenticity.

If you sell packaged goods, join brand protection programmes offered by major online marketplaces:

These programmes exist to speed brand ownership verification, allowing registered owners to remove counterfeit listings or misleading accounts more effectively.

Competitors sometimes use another brand’s name in online ads or metadata to divert traffic. With a registered mark, you can request removal of such ads under Google’s or Meta’s advertising policies.

Regularly monitor search results, online reviews, and marketplace listings for misuse of your brand name or visual identity.

Trademark monitoring tools, or a comprehensive service, such as Trama, can alert you to new filings or suspicious uses globally, allowing you to object or oppose within statutory deadlines.

Every food and drink business lives through the experience it creates for customers. Protecting that experience through trademark registration is both a legal and commercial necessity.

Yet many food and drink entrepreneurs often invest heavily in brand development before securing legal protection. Involving a trademark lawyer early ensures that your creative efforts result in a brand that can be defended and expanded.

A trademark lawyer can help design a protection strategy that aligns with your business objectives, providing both legal strength and commercial flexibility. Book a free consultation today to take the next step in protecting your brand.