Food & Beverage Trademarking in India: What You Need to Know
July 1, 2025
The Indian food and beverage industry is witnessing rapid growth, fuelled by evolving consumer preferences, the rise of cloud kitchens, packaged food startups, and the increasing influence of branding in purchase decisions. In such a competitive environment, establishing and protecting a unique brand identity is not only desirable but essential. Trademark registration plays a vital role in safeguarding the intellectual assets of food and beverage businesses, ensuring legal ownership and exclusivity in a crowded marketplace.
A trademark is a legal recognition of a brand’s distinctive elements. For businesses in the food and beverage sector, this includes not only the brand name and logo but also taglines, packaging styles, product sub-brands, and, in some cases, the shape or presentation of the goods. These elements collectively form the brand identity and contribute significantly to consumer trust, recall, and loyalty. Trademark registration provides legal protection against unauthorized usage, imitation, or misuse by competitors or unrelated third parties.
When it comes to filing a trademark in India, proper classification of goods and services is crucial. The Trademark Rules follow the NICE Classification system, under which different product and service types are grouped into 45 classes. For food and beverage businesses, the following classes are most relevant:
Class 29: Includes processed and preserved food items such as pickles, jams, dairy products, dried fruits, and frozen foods.
Class 30: Covers bakery goods, snacks, spices, confectionery, noodles, tea, coffee, and ready-to-eat items.
Class 32: Pertains to non-alcoholic beverages including fruit juices, energy drinks, soft drinks, and aerated beverages.
Class 33: Encompasses alcoholic beverages, excluding beer.
Class 43: Relates to services such as restaurants, cafés, food trucks, cloud kitchens, catering, and other hospitality services.
Class 35 (optional): Applies to businesses involved in the online or offline retail of food products, including e-commerce platforms and food aggregators selling under a brand name.
Filing a trademark application involves several procedural steps. It begins with conducting a trademark search to ensure that the proposed brand name or logo is not identical or deceptively similar to an existing registered mark. Once cleared, the application is filed with the Trademark Registry, either as a word mark (text only) or device mark (logo or stylized representation). Supporting documents include the details of the applicant, a clear representation of the mark, and a duly signed Form TM-48 authorizing the trademark agent or attorney.
Post-filing, the application undergoes examination by the Registrar. If any objections are raised, a formal reply or hearing may be required. Upon acceptance, the mark is published in the Trademark Journal for opposition. If no opposition is filed within the stipulated period, the mark proceeds to registration, valid for a term of ten years, with the option for renewal.
Many new entrants in the food industry often overlook the importance of early trademark registration. This can lead to brand dilution, legal disputes, or the inability to expand under the same brand in the future. Another common error is choosing highly descriptive or generic names, which often face objections or refusal. Therefore, it is advisable to select distinctive and legally defensible brand identifiers from the outset.
In conclusion, trademark protection is a strategic imperative for food and beverage businesses in India. It not only safeguards the brand from infringement but also enhances its commercial value, credibility, and scalability. In an era where consumer decisions are increasingly brand-driven, owning a registered trademark is a mark of professionalism, preparedness, and long-term vision.
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Author: Siju Rajan
Registered Trademark agent
WhatsApp: +91 7012431293