No, you cannot trademark food.

By themselves, foods do not qualify for trademark as they do not distinguish your goods from another company’s goods. However, if you wish to create and protect a special food item, you could trademark a specific brand name or slogan for your food. For example, you could not trademark “HAMBURGER,” as it is a generic word for a product, but the name “BIG MAC” is a registered trademark of McDonald’s because it represents a unique food item.

Trademarking material associated with food can be difficult, as many of the words that we use to describe food could be considered “generic terms” and would cause a trademark application to be denied. If you wish to brand a particular food, you should pick a distinct name that is dissimilar from other names being used in your market.

You should contact our associates today if you have a food that you wish to brand. We would be glad to assist you in creating and trademarking a distinct name for your product.


Trademark attorney Xavier Morales

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