Naming and trademark

There are two naming questions in a spice business and they are unrelated, which is why people answer one and get caught by the other.

Two different naming problems

The brand name, which is a trademark question and about whether somebody else got there first. And the product name, which is a labeling question and about whether you are allowed to describe the contents that way.

A perfectly clear trademark on a product name that misdescribes the contents is still a labeling problem.

What you may call the contents

The statement of identity has to be the common or usual name of the food. For single spices that is straightforward and it is also protective: naming paprika, turmeric or saffron outright is what keeps you out of the rule requiring them to be declared as "spice and coloring", since those three are colors as well as spices.

For blends you have latitude in the fancy name and none in the ingredient list. "Mountain Rub" is fine as a name; what is in it has to be listed in descending order by weight underneath.

Names you cannot own

Descriptive and generic terms are weak or unregistrable. "Fresh Ground Spice Co" describes what you do and protects almost nothing. Geographic terms are difficult, and terms with an established meaning in the trade are not yours.

Some blend names are effectively generic: garam masala, herbes de Provence, za'atar, jerk. You can sell them, you cannot own them, and trying to is a fight you lose.

Checking before you print

Search the federal trademark register and the state register, and search plainly on the web and on the platforms you intend to sell through, because an unregistered user with prior use can still cause you a problem.

Check the domain and the handles at the same time. And do it before ordering labels, not after, because labels are the expensive part of changing your mind.

References