Walking into a vitamin/nutrition store can be quite intimidating. Where do you begin to identify which products are right for you and which ones you should stay away from? Everything looks the same and promises the same results, while identifying itself as the “best.” Some people know exactly what they want and immediately go for those products. The others? Well, they essentially judge a book by its cover.
What do I mean by that?
Unfortunately, oftentimes consumers are attracted to the product with the best branding. Even though that means you might not be entirely sure what is in that specific product, the shiny and attractive label sold you. Cue in the placebo effect after taking it, and you have likely just discovered the world’s best supplement.
What you really discovered, however, is the importance of proper marketing and branding; and the nutritional supplement industry is a great example of that.
The Food and Drug Administration (“FDA”) does not regulate the supplement industry. What this means, is that supplement companies merely need to list ingredients that are in their products, and not necessarily how much of each ingredient. This allows plenty of leeway when it comes to marketing. If it’s time for a new and improved formula, a supplement company may simply make a small change, slap on a fresh new label, and add it to the shelves. Whether or not this is how things should be done is a discussion for another day. What we will talk about here, though, is the importance a trademark plays to a dietary supplement.
Nutritional supplement trademarks are like any other trademarks in that the identify the source of the goods you are selling in commerce. If you are considering developing a new supplement, it is extremely important to obtain a trademark registration, as it will allow you to hopefully remain unique if a proper name is established and you actively police your mark.
What Can I Trademark?
As mentioned, you would want to start by getting a trademark on the name of your nutritional supplement. This is probably the most important part. Depending on your budget, you should also obtain a trademark on a logo, but a trademark on the name will allow you to use it with any logo you desire.
Why Do I Need a Trademark?
Getting a federally registered trademark will give you a number of benefits in keeping your nutritional supplement unique, including the potential ability to limit the use of your supplement name by others.
What Should I Name My Nutritional Supplement?
Be unique. The best trademarks are those that are what we call “arbitrary” or “fanciful.” This means that the name does not indicate what the product is. For example, who would have thought that Apple® refers to computers and phones? Ask someone these days what they think about when you say “Apple” and the likely response will be “iPhone” instead of “fruit.” This strategy requires you to have a very sound marketing strategy in place and depends on your budget. You may also choose something a bit more suggestive of what you are selling which gives a consumer an idea of what your product is. For example, there are supplements on the market which name play off of their main ingredient and seem to have been successful from a marketing standpoint. This is something you would want to speak to your attorney about to help you identify a proper strategy. When it’s all said and done, you do not want to skimp on developing a marketable product, and trademarks are at the foundation of that.
Photo: Flickr/Creative Commons
