How to protect a new food product before approaching retailers

Regional food businesses often grow from a strong local product.

That could be a sauce, snack, beverage, meat product, dairy item, baked good, native ingredient product or value-added farm product.

Before approaching retailers, distributors or manufacturers, it is worth checking the IP position.

Protect the brand

Your product name, logo and key brand elements should be checked before launch.

A trade mark can help protect:

• the product name

• the business name

• the logo

• a distinctive tagline

• a product range name

This is important before investing in labels, packaging, websites and marketing.

Be careful with recipes and formulas

Recipes and formulas are usually protected through confidentiality, not registration.

Before sharing them with manufacturers, consultants or potential partners, make sure there are clear confidentiality obligations in place.

Packaging can also matter

Packaging may involve several types of IP, including:

• trade marks

• copyright

• registered designs

• confidential information

• labelling copy and claims

Retail-ready packaging can be expensive. It is worth checking that the brand does not create conflict with someone else’s rights.

Check ownership

If designers, photographers, copywriters, consultants or manufacturers helped create the product, make sure the business owns or can use the relevant materials.

The key takeaway

Before approaching retailers, get the basics right: brand protection, confidentiality, ownership and packaging checks.

Regional IP helps regional food and beverage businesses protect their products before they move from local sales to broader markets.