No, you cannot trademark a flavor. While a flavor will distinguish the taste of your product from another competing product, it cannot be trademarked as it serves an “essential functional aspect” of the product.
Trademarks cover the identifying factors of a product, such as its name, logo, or associated slogan. Trademarks serve to strengthen a company’s reputation by distinguishing it from its competitors; a flavor cannot do so, as a consumer cannot experience the flavor prior to purchasing the product.
If you give a unique name to a flavor, that unique name can be trademarked. A distinct flavor name can serve as a product’s name or slogan in a way that could be trademarked. If you utilize a unique flavor name in relation to a particular product, then over time the unique name will develop a secondary meaning that is associated with the specific product. That secondary meaning is grounds for trademarking, and will prevent competitors from applying a similar name to flavors associated with their products.
Contact us today if you are curious about trademarking a unique flavor name, as this branch of trademark law can be quite confusing.
