This article has been written by Ms. Indulekha T M, final year BA LLB student of SDM Law College, Mangalore.
ABSTRACT
Trademarks in the food and beverage industry has been a significant initiative.
The implementation of trademarks in the food and beverage industry has witnessed tremendous changes and development in the Food and Beverage industry in India.
INTRODUCTION
The food and beverage industry in India is becoming more and more profitable. It makes up around 3% of India’s GDP and nearly 2/3 of the country’s whole retail market.
Trademark law has a significant impact on the food and beverage industry. Particularly in the areas of brand identity product packaging and consumer protection.
A Trademark is a type of intellectual property which distinguishes people’s products, signs, inventions, designs, expressions etc… from others.
OBJECTIVE
Many products in the Food and Beverage industry resembles one another in their functions, forms etc…
Thus the trademarks serves as a guarantee to ensure customers that the product is not simulated.
IMPORTANCE OF TRADEMARK
A Registered trademark is the primary element of a food company or food business. By registering your trademark, you may set your food product apart from identical products made by competitors in the market. A food product’s reputation is enhanced and set apart from competitors by registering its trademark.
What really makes them stand out is the food product’s quality. For the food firm to establish and maintain its reputation in the industry, trademark registration is crucial.
Confusion avoidance and food product identification are also crucial.
Protecting trade secrets and preventing consumer declines are two benefits of trademark registration. Additionally it enables customers to spend less money on food items they don’t want to buy and concentrate more on the foods they do want to eat.
Food firms will benefit from trademark registration when it comes to marketing their products. A food business can be recognised by its trademark.
Qualities of Food and Beverage Industry
Trademarks of Food and Beverage industry may have similar qualities of those of other industries, however it has its own unique qualities which does not get applied to other industries or intellectual properties in other industries.
Food and Beverage trademarks may suppose be a name, numeral, word, brand, letter, image and even be sometimes shape.
SHAPE OF A FOOD AND BEVERAGE PRODUCT
In certain cases the shape of the food and beverage product’s packaging be trademarked. Even the shape of the edible items itself may get trademark protection.
In cases if the colours of the product is unique it may also benefit from the intellectual trademark protection.
FOOD AND BEVERAGE TRADEMARK REGISTRATION
Five distinct trademark registration categories are applicable to Food and Beverage products and services, as per the Nice Agreement. These goods and services are divided into groups based on the main components or functions they serve. The majority of intellectual property organisations typically demand that applicants submit separate applications for each product in each category or pay the registration fee on a class-by-class basis.
A Candidate for a Food and Beverage trademark must familiarise themselves with the five Food and Beverage trademark categories prior to registering and obtaining the corresponding intellectual property protection. These trademarks are classified in Classes 29 to 33 by the Nice Agreement. They are listed below:
Class 29: Vegetables and other edible horticulture products; foodstuffs derived from animals
Class 30: Plant-based foods and products that improve or change food flavour
Class 31: Unprocessed edible land and sea products
Class 32: Non-alcoholic beverages
Class 33: Alcoholic beverages
REGISTRATION PROCESS OF TRADEMARK
Mainly there are 3 major steps for the registration of trademarks.
- Selection of Mark
- Conduct a Trademark Search
- File a Trademark Registration Application
SELECTION OF MARK
This is the first and foremost step in the registration process of trademark of food products. Selection of mark in other sense means the logo of the particular product.
At the time of finalising the trademark, it should be ensured that the logo should not be simple and generic
.The selected name shall be rare and uncommon and it shall meet the business goals of that particular product.
Simultaneously it cannot be very simple as a “Burger making company”
‘, it shall have some generic meaning.
CONDUCT A TRADEMARK SEARCH
The search of the trademark or trademark search is always conducted by the professionals. The availability of the desired logo or mark will be verified or confirmed by these professionals.
Trademark search is done on the basis of trademark class.if the desired logo or mark has neither been taken nor is identical to a prevailing mark one can proceed with the trademark registration.
FILE A TRADEMARK REGISTRATION APPLICATION
Soon after the trademark search is done an application has to be filed regarding the trademark registration with the trademark authority (http://www.ipindia.gov.in/) in form (TM-A) along with the specified fees. Proper documentation is needed for the filing of the trademark registration application. Also you need to take the help of a trademark attorney in order to ensure that the trademark registration application is complete.
When the submission is completed with all the necessary documents the appointed authority will review it and you will be entitled to all the benefits of the trademark when the application is approved by the authority.
Thus, in order to make sure that no other person is violating your rights you will have to monitor the market.
After getting approval you are entitled to use the provisional symbol “TM”
TRADEMARK REGISTRATION VALIDITY
Your trademark can be renewed for a further ten years after it is registered during which time it will be valid for ten years.
TRADEMARK AND FOOD AND BEVERAGE PRODUCT PACKAGING
Among all the issues surrounding intellectual property protection concerning trademarks for food and beverage products, this one stands out the most. An attractive and striking package can frequently make all the difference in a customer’s decision to buy any kind of food and beverage product.It is therefore essential to obtain and make use of intellectual property rights in this field.
Trademarks laws apply to Food and Beverage product packaging in the majority of countries. This is due to the fact that the majority of intellectual property laws demand that they be filed as three-dimensional trademarks.
Trademarks in three dimensions can be associated with the external packaging, shape or container of a product. This type of intellectual property rights only applies if the thing to be protected can be distinguished from more widely used product shapes or packaging.
CURRENT SCENARIO
Consumers of food products are getting more picky these days, because they care more about the product’s quality, safety and health.
Trademark registration is especially crucial in the food industry.
A powerful trademark connected to the food product increases consumer loyalty and the industry’s ability to withstand competition.
The food industry has experienced significant transformation in recent decades. The Foods Safety and Standards Authority of India (FSSAI) is in charge of upholding laws and guidelines pertaining to the food sector in India. If it is discovered that food business owners are providing lower quality food products, endangering the health of customers , the FSSAI has the authority to revoke the food license at any time.
To satisfy consumer demand for less sugar, “coca-Cola” introduced “Coca-Cola Zero” to cater to their tastes. Many food companies have introduced ready meals as a solution to the problem of people not having enough time to prepare meals. Food companies introduce new drinks , flavours and packaging as summer approaches.
OTHER STEPS TO PROTECT YOUR BRAND
Monitoring and upholding your trademark rights
Following registration it’s critical to keep an eye on how your trademark is being used and to defend your rights. This may entail suing companies for trademark infringement, suing for cease and desist letters to companies using similar marks, or pursuing other legal remedies.
Protecting trade secrets
Trade secrets are proprietary and confidential knowledge that offers a business a competitive edge. Trade secrets in the food and beverage sector can include client information , production techniques , and proprietary recipes. Strong internal security measures must be put in place to prevent theft and unauthorised access to trade secrets.
PATENT PROTECTION
New and practical inventions such as food products and processing technologies can benefit from the legal protection that patents offer. You can safeguard your brand and gain a competitive edge in the market by working with a patent attorney to make sure your invention satisfies the legal requirements for patent protection and registering it.
CHALLENGES IN INTELLECTUAL PROPERTY PROTECTED IN THE FOOD AND BEVERAGE INDUSTRY
Although it is crucial for businesses in the food and beverage sector to safeguard their intellectual property, doing so presents a number of difficulties.We’ll talk about some of the major obstacles to intellectual property protection in the food and beverage sector in this section.
A . IDENTIFYING AND PROTECTING TRADE SECRETS
Trade secrets are proprietary and confidential data that gives businesses a competitive edge. Trade secrets in the food and beverage sector can include formulas, recipes, and production procedures.
It can be difficult to identify and safeguard trade secrets since businesses must set up internal policies and procedures to safeguard the data. This may entail putting in place secure storage and information technology systems, mandating that staff members sign non-disclosure agreements, and restricting access to the data.
B . PATENTABILITY ISSUES IN THE FOOD AND BEVERAGE INDUSTRY
Due to their complexity and the strict requirements for patentability, food and beverage products can present difficulties when it comes to getting a patent.
A food or beverage product needs to be unique, non-obvious, and useful in order to qualify for patent protection. Food and beverage products may also have their patentability restricted by prior art, which is defined as information that is readily available to the public and may hinder the issuance of a patent.
C . COUNTERFEITING AND TRADEMARK INFRINGEMENT
The Food and Beverage Industry also faces serious challenges from trademark infringement and counterfeiting. Products that are counterfeit can damage a business’s brand and drive away customers.
When rival businesses use a company’s name, logo, or packaging design without authorization, it is known as trademark infringement. Customers may become confused as a result and the business may lose market share.
Businesses in the food and beverage sector can take a number of actions to safeguard their intellectual property in order to address these issues.
This includes keeping an eye out for counterfeit goods and trademark infringement in the marketplace, identifying and safeguarding trade secrets in collaboration with skilled attorneys and carrying out exhaustive patent searches to ascertain patentability. In order to safeguard their intellectual property and inform staff members of the value of doing so, businesses must also set up robust internal policies and processes.
Case law regarding infringement of trademarks
In the Ramdev Food Products Ltd. v. Arvind Rambhai Patel case, the Supreme Court clarified this by ruling that, in situations where the aggrieved parties permitted others to profit from their trademark by remaining dormant, acquiescence would be appropriate. This ruling also undermined the offended parties’ claim that they had elite rights to the equivalent. The goal of the 1999 Act was to strengthen trademark regulations in order to enhance emerging economies. To make progress in the areas of trade and exchange, the equivalent was necessary.
CONCLUSION
In order to protect their trademarks owners ought to be accurately aware of their rights. Modern globalization has made it increasingly important for businesspeople to protect the integrity of their brands. The Act provides a significant level of protection against trademark infringement. Owners are therefore urged to register their trademarks in order to support the remedies outlined in the Act.
References :
- Ramdev Food Products Pvt. Ltd vs Arvindbhai Rambhai Patel & Ors , 2006