The importance of brand protection in the food sector

In the food supplement industry, brand protection is essential to ensure your company’s identity and reputation in today’s competitive market. Having various protection strategies in place not only helps to prevent infringement, but also helps to improve consumer confidence in your products. Here are some of the keys to protecting your brand in the industry.

Trademark registration and surveillance

The first step to protect a trademark is to register it with the competent authorities of the country where we want to register it, in Europe it is the European Union Intellectual Property Office (EUIPO). This registration grants exclusive rights in the designated territory over the use of the name, logo and other distinctive elements of the trademark, allowing legal action against unauthorised use. It is important to note that both trademarks and trade names are distinctive signs that are protected by titles granted by the State, giving the holder the exclusive right to use them and prevent others from using them. For companies with international projection, it is advisable to consider registering the trademark in other countries or to use the Madrid Protocol, which facilitates protection in multiple jurisdictions. Once registered, it is very important to maintain constant vigilance to detect possible infringement or misuse. This includes monitoring registrations of new marks that may be similar and monitoring the market to identify products that may be using the mark without authorisation. Early detection allows timely legal action to be taken to protect the integrity of the trademark.

Protection of formulations and products

In addition to the name and logo, food supplement companies must protect their formulas and products. There are two main mechanisms for this.

• Use of patents: Patents grant exclusive rights to inventions that are new, involve an inventive step and are capable of industrial application. In the context of the food supplements sector, this may include new formulations, manufacturing processes or applied technologies. It is important to note that patents have a limited life, usually 20 years, after which protection expires and the invention can be used by third parties.
• Trade secret: Trade secrets protect confidential information that provides a competitive advantage, provided that reasonable steps have been taken to keep it confidential. This mechanism is useful to protect formulas that do not comply with patentability requirements or that the company prefers to keep secret indefinitely. In the case of Spain, the Law on Business Secrets establishes that for a formula to be protected it must be secret, have business value and the interested party must take reasonable measures to keep it hidden.

Regulatory compliance and labelling

Regulatory compliance is essential for brand protection and consumer confidence. This includes ensuring that food supplements comply with food safety, labelling and composition regulations. Clear and accurate labelling not only complies with legislation, but also reinforces brand transparency and credibility. Mandatory information for packaged foods must be accurate, easy to see and understand, non-misleading and indelible. Obtaining certifications and quality seals, such as ‘organic’ or ‘gluten-free’, can differentiate a brand in the food supplement market. However, it is essential that these labels are backed by official certifications.

International protection and designations of origin

For products with specific characteristics linked to a region, such as certain ingredients used in food supplements, it is beneficial to obtain protected designations of origin or geographical indications. This not only protects the product on the national market, but also on the international market, ensuring that only products that meet certain standards and come from a specific region can use the designation.

Legal action and brand defence

In the event of any infringement or unauthorised use of the trademark, it is essential to act quickly through legal action. This may include sending cease and desist letters, filing oppositions in trademark registers or, in more serious cases, lawsuits. Proactive brand defence demonstrates a company’s commitment to protecting its identity and can act as a deterrent to potential infringers. To protect, defend or register your trademark, it is always advisable to turn to professionals in the sector. At Get One Mark, our comprehensive patent and trademark registration service can help with any of the above, both nationally and internationally. The Get One Mark team will be able to advise your company on regulatory compliance, protection of trade secrets and legal defence against improper use of your brand and your products. If you are looking for a solution with guarantees and maximum confidence, in Get One Mark you will find the ideal partner.