Food & Beverage Trade Marks
Baxter IP offers specialist trade mark attorney services for brands in the food and beverage industry, including functional foods, beverages, formulations, packaging designs, ingredient branding, and consumer-facing FMCG products. Our trade mark attorneys, led by experts like Chloe Cort, combine deep sector knowledge with strategic insight to deliver comprehensive brand protection that goes beyond registration—securing market exclusivity, defending against copycats, and aligning IP with commercial growth in this dynamic, consumer-driven sector.
Key Benefits of Trade Mark Protection in Food & Beverage
Brand Exclusivity — Register distinctive marks (names, logos, slogans, packaging get-up) to prevent competitors from using confusingly similar branding in Australia and international markets, safeguarding your shelf presence and consumer loyalty.
Commercial Leverage — Strong trade mark portfolios enhance valuation for funding, partnerships, exports, or acquisitions; enable licensing to co-manufacturers or franchises; and support premium pricing by reinforcing quality, origin, or sustainability claims.
Enforcement & Defence — Proactive strategies deter infringement through oppositions, takedowns (e.g., on e-commerce platforms), and litigation readiness, protecting against private-label knock-offs or counterfeit imports in high-turnover categories.
Common Challenges and Our Solutions
Food and beverage brands often encounter hurdles such as:
- Crowded trade mark registers with descriptive or suggestive terms (e.g., “fresh,” “natural,” or flavour descriptors) that risk refusal for lack of distinctiveness.
- Global expansion risks, including conflicting marks in key export markets, cultural/linguistic adaptations, and parallel imports.
- Enforcement in digital spaces, where social media, online marketplaces, and influencers amplify imitation threats.
- Portfolio management amid product line extensions, rebrands, or mergers, ensuring consistent protection without over-extension.
We address these through:
- Clearance & Availability Searches — Thorough multi-jurisdictional searches to identify risks early, advising on modifications for registrability and strength (e.g., combining words with stylised elements for distinctiveness).
- Strategic Filing & Madrid Protocol Expertise — Developing cost-effective international strategies via Madrid for seamless protection in multiple countries, tailored to export priorities like the US, EU, China, and Asia-Pacific.
- Proactive Enforcement & Monitoring — Handling oppositions, non-use removals, and infringement actions; implementing watch services to detect threats promptly and resolve via negotiations or takedowns.
- Portfolio Optimisation — Aligning trade marks with business milestones (e.g., launches, expansions, IPOs); advising on proper use to maintain rights and avoid vulnerability to cancellation.
- Hybrid IP Integration — Combining trade marks with patents (for formulations/processes), registered designs (e.g., bottle shapes, labels), and trade secrets (proprietary recipes) for layered protection.
Relevant Industry Experience at Baxter IP
Our team has extensive experience protecting food and beverage brands, including:
- Beverage branding (e.g., teas, non-alcoholic drinks, spirits)
- Functional foods and nutraceuticals
- Packaging and get-up for snacks, confectionery, and ready-to-eat products
- Ingredient and origin marks (e.g., for premium or sustainable sourcing)
- Digital and e-commerce brand strategies
Chloe Cort, our Principal Trade Mark Attorney and qualified UK lawyer is a key expert in food and beverage trade mark matters. Chloe specialises in crafting resilient brand strategies, managing international filings, and resolving disputes.
We proudly work with innovative food and beverage clients such as Naked Harvest (health-focused supplements and wellness products), Gotcha Tea (premium tea brand expanding internationally), and Simka (alongside other FMCG entities), providing tailored trade mark strategies that support global growth, market entry, and brand defence.
Attorneys including Martin Earley and Warren Chandler (chemistry/formulations overlap) deliver integrated IP solutions for startups, SMEs, established manufacturers, and exporters in the sector.
We provide commercially savvy, brand-centric trade mark protection that empowers food and beverage innovators to build enduring value, navigate competitive landscapes, and thrive in Australian and global markets.
Contact our Sydney or Melbourne team for a confidential discussion on protecting your food or beverage brand.
Food & Beverage IP in Action:
Questions from Food Innovators
Food and beverage companies navigate complex IP considerations when protecting their innovations. Here are answers to questions we frequently hear from food tech founders and beverage innovators.
Some of our food and beverage clients include:
