A brand is a key component to any organization operating in the food and beverage business. Many of the world’s most successful companies, with their highly recognizable trademarks, are found in the food and beverage sector. For example, Starbucks, McDonald’s, KFC and Subway.

How does trademark works for your F&B business?

A trademark is a legally protected word, name, design, logo, or other symbol of your product or business. For example, “Milo” is a trademarked product name. That means no one else can use the name and logo of “Milo” to sell their chocolate-flavoured malted powder product. This will help consumers know which products are truly made by Nestlé and which are made by others. Trademarks don’t only protect names and logos. In some cases, you may be able to trademark a distinctive product shape, packaging shape and design, color, sound, and more.

Obtaining a trademark for your F&B business in a few simple steps:

• Step 1

Choose a Brand Name for your Business or Product

• Step 2

Conduct a Trademark Search

• Step 3

Submit your Trademark Application

• Step 4

Get a Certificate of Registration issued upon being approved by the Registrar of Trademark

Trademark categories for F&B business : Class 29 to 33 and 43

The Nice Agreement which is applicable in Malaysia places trademarks for F&B in Classes 29 to 33 as well as Class 43. They are as follows:

• Class 29: Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats

• Class 30: Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice

• Class 31: unprocessed edible land and sea products

• Class 32: non-alcoholic beverages

• Class 33: alcoholic beverages

• Class 43: Services for providing food and drinks.

“The path to success is to take massive, determined action.”  — Tony Robbins

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LAI JIA XIN LAW GRADUATE KOTA KINABALU