Introduction
The Indian food industry is simply the largest and one of the most diverse in the country, where many types of items are manufactured—from traditional spices and sweets to modern processed foods and drinks. The industry not only contributes significantly to the economy but also plays a crucial role in shaping the country’s culinary culture. In this dynamic landscape, brands become an important tool for companies to create brand identities, protect intellectual property, and differentiate their offerings from competitors. It accounts for about 3% of India’s GDP, almost two-thirds of the country’s total retail market.
Food Safety Registration or License from FSSAI is the primary license for a Grocery Operator in India. Food companies such as manufacturers, representatives, retailers, marketers, dealers, and other food-related businesses must have a valid 14-digit FSSAI number to operate legally in India. Likewise, FSSAI, trademark registration is another important registration for the operator of a food or other company to protect the company’s products or brand name. These days, it is a very difficult task to lead a company without registering a valid brand or brand name.
Importance of Trademark
A trademark is a visual sign, symbol, or logo that represents a corporate service or product. One’s affiliation with the company is reflected in its trademark. The trademark makes it easier for customers to identify products. As we know, the market is full of competitors, and it is extremely difficult to recognize products. A trademark is a very important factor in a customer’s decision to choose a service or product from another similar product or service manufactured by various companies. The organizational structure can be complex, and two companies are not the same. According to the organization, it should require a significant investment. First, we have the production of standard products and advertising for customers. In any case, an organization understands that another organization publishes an article using a misleading comparison name and logo. To overcome these types of difficulties, the trademark provides them with a unique identity authentication.
Registered trademarks are a key component of a food company or grocery store. Registering a trademark allows companies to distinguish their products from competitors in the market. Food products are enhanced by registering a brand and vary by competitor. Food and drink brands can be names, numbers, words, logos, letters, images, or even shapes.
What really stands out is the quality of the food. Brand registration is extremely important so that food companies can establish and maintain their reputation in the industry. Avoiding confusion and identifying food is also very important. Protecting business secrets and preventing consumer loss are two benefits of brand registration. Additionally, customers may want to spend less on food they haven’t bought and more on food they trust. Food companies benefit from brand registration when it comes to product marketing. Grocery stores can be recognized by their brand.
Section 11(2) of the Trademarks Act, 1999 protects well-known trademarks in all classes of goods or services. It states that a trademark being identical or similar to an existing trademark will not be registered if the existing trademark is a well-known trademark in India.
Section 11(6) of the Trademarks Act, 1999 gives factors that must be considered to determine a well-known trademark. These factors include trademark knowledge and recognition in related areas or the duration, range, and geographical area in which the trademark is in use. The duration can be short, but long. Trademark promotion through advertising and publicity, or registering or applying for trademark registration, will reflect your use and perception of the brand. A record of successful enforcement of the rights in which the trademark was declared a well-known trademark by the court or registrar.
Trademark Class for Food
The trademark class list, categorized by relevant contracts, has been divided into 45 different classes, and services were categorized accordingly. This system helps businesses register their brands in a way that effectively protects their rights. Each class has a specific product associated with it, and it is important to ensure that companies understand these categories and apply them to the appropriate trademark class.
Food trademark classes primarily fall under Class 30, which includes several categories of consumer goods, such as coffee, tea, cocoa, sugar, honey, rice, pasta, preparations from flour and grains, including bread, pastries, sweetmeats, sauces, and spices. These items are extremely important for daily diet and cooking practices and thereby create a food trademark class that would be of interest to manufacturers and retailers in the food sector.
Trademark Class 30 refers to items that are common foods, including, but not limited to, a variety of common ingredients used during cooking. Companies selling these items or manufacturing them must belong to this class to have exclusive rights over the names or logos of trademarked products. Such protection is necessary to avoid the misuse of such terms by others, which could mislead and cause consumer confusion. Developing trademark food classes helps in properly defining the products eligible for registration under Class 30. Some examples of exclusions from this class are: medicinal teas, baby foods, dietary supplements, and raw cereals. Therefore, understanding the trademark class for food prevents businesses from falling into traps during registration.
When applying for a trademark as part of a food trademark class, it is important to follow certain steps:
- Identify Products: Clearly define which products fall under the brand application.
- Survey Existing Brands: Use your trademark database to ensure that the trademark you are looking for is not yet registered.
- Sample Preparation: Send an example showing how the trademark is used in the product.
- File Application: Fill in the application process through the corresponding trademark office.
If you do not register in the correct food trademark class, it can lead to complications, such as denial of an application for trademark rights or legal disputes.
Current Scenario
Food consumers are becoming more discerning these days as they place greater emphasis on the quality, safety, and health of their products. Trademark registration is particularly important in the food industry. Strong food brands help the industry stay competitive against other brands. The food industry has seen significant evolution in the last few decades.
FSSAI sets laws and guidelines for maintaining food safety in India. At any time, FSSAI reserves the right to withdraw the license of any food business operator found to be supplying food of low nutritional value or causing health hazards to customers. To meet consumer demands for lower sugar content, Coca-Cola has introduced Coca-Cola Zero in response to customer preferences. Many food industries have also embraced the concept of ready meals to address the issue of time constraints in food preparation. As the summer season approaches, food companies are unveiling new drinks, flavors, and packaging.
Case Laws
The Supreme Court in Ramdev Food Products Ltd. v. Arvind Rambhai Patel stated that acquiescence would take place when the affected parties allowed third parties to profit from their trademarks by remaining dormant; this also invalidates their entitlement to exclusive rights in the same. The 1999 Act aimed to reinforce trademark laws to modernize developing economies within advances in trade and exchanges.
The case Amul v. Terre Primitive concerned the fact that Amul, owned by the Gujarat Cooperative Milk Marketing Federation (GCMMF), sued an Italian company for mimicking the unique packaging and geometric design by adding “eti” to form “Amuleti.” The Delhi High Court granted a decision in favor of Amul, prohibiting Terre Primitive from using similar trademarks.
In Britannia v. DigiBite Snack, Britannia Industries sought an injunction against DigiBite for the use of the “Good Day” trademark, which Britannia has owned since 1986. The Delhi High Court granted an ex parte injunction, stopping Desi Bites from using the “GOOD DAY” trademark.
In Moti Mahal Delux Management Services v. SRMJ Business Promoter, Moti Mahal sought protection against its ex-franchisee using its registered trademarks. The Delhi High Court granted interim protection, restraining the defendants from using Moti Mahal’s trademarks.
Conclusion
Trademarks are essential to the Indian food and beverage industry. They serve as a tool for developing a strong identity, ensuring quality, and protecting intellectual property. Trademark symbols are particularly important as the industry evolves with changing customer preferences and technological advancements. Understanding the importance of trademarks helps businesses not only thrive in the domestic market but also expand globally.
In the future, it is important for businesses to maintain controls, from registration to strategy. Strong trademarks ensure that Indian food companies continue to grow their competitive advantage in both local and international markets.
References
- Monjima Ghosh, Why is Trademark Class 30 Crucial for Food Businesses?, LegalWiz (Dec. 2, 2024)
- Indulekha T M, Trademarks in the Food and Beverage Industry, Aishwarya Sandeep (Dec. 2, 2024)
- Srishti Agrawal, Understanding The Law Of Well-Known Trademarks In India (2025),
- Trademark Registration for Food Products in India, FSSAI India (Dec. 2, 2024),
This article has been written by Isha Gupta. For any other queries, reach out to us at: queries.ylcc@gmail.com
