A friend who is into Food Industry Facing Sales issues in business and what is the solution for that??

Suresh, who is a childhood friend of Karthick met each other accidently after a very long time at a famous garments store at Chennai. They both were excited as because their last meeting was at their college farewell which was took place around 17 years ago. They mutually expressed their love by hugging each other.

Karthick asked Suresh, “hi da, how is life”? and he is very curious about his marriage life specifically. Yes,  it's a purposeful question because Suresh was in love with one of a college Junior Sangeetha. Suresh happily replied “Life is awesome” and he got married with Sangeetha.

They both decided to have a Tea at nearby tea stall. They both ordered for a lime tea. Suresh asked Karthick that “what he is doing”. Karthick said that he is a Hotelier and the hotel is located at the Prime location in Salem. And he also said that he has got 6 different branches in various parts of Tamil Nadu.

Now, Karthick asked Suresh “hey Suresh what about you? What you do?”

Suresh replied that ‘he is into food products business’. Karthick was more excited as they both are into the food industry. “What are the products that you are dealing with Suresh?” asked Karthick. Suresh replied that ‘he is into manufacturing of various food products like milk products, edible oil, masala products and ready to eat food products and also he added that he is the owner of a Famous Brand SNS. “Superb Suresh”, said Karthick.

But at this time Suresh was not that much excited. Karthick asked Suresh “why are you so dull man”? “You are the owner of South India's famous brand”! Suresh expressed his concern that he is facing a great stumble in sales in the recent past. And also his sales volume had gone down upto 28%. And further said that he doesn't know how to handle that,

Karthick asked Suresh “did you find out the reason for this sales slash?” Suresh replied, “Yes I did”. “Oh great”, Suresh, “what is the reason for your Sales fall?” asked Karthick.

Suresh replied sadly “It’s because of only one Reason Karthick, its nothing but DUPLICATION”.

“Can you explain in detail Suresh, asked Karthick. Suresh explained that there are few recent manufactures started manufacturing food products in the same name of SNS, so the distributors, retailers and even the customers are confused because of that.

“Ohh, few years back even my hotel faced the same problem but we have overcome very easily from that issues” said Karthick.

“What was the issue, can you elaborate Karthick...? Karthick replied “Yes, food is my passion, so I have started this hotel, we provide quality and tasty food to all my customers. So, people even from other areas comes to our hotel. All the time, our hotel is filled with people. Because of this fame, few other new hotels are started using our hotel names which is mere DUPLICATION. “How did you avoided this Karthick” asked Suresh. “It's very simple, I hold a valid "Trademark Registration Certificate" for my hotel name “EnRusi Kitchen”. So by using that I have simply sent a Legal Notice through my Trademark Lawyer at Chennai, and the issue was sorted out just by this simple legal notice”. 

“But Karthick, I don't have a Trademark Registration certificate”, “How do I handle the said issue?”, asked Suresh.

“It’s simple Suresh, I will introduce my Trademark Consultant in Chennai, who can guide you properly” Karthick replied.

Both went to the Trademark Consultant and met Ms.Sathya.

“Sathya, this is my friend Suresh”, introduced Karthick.

“How I can help you”, asked Sathya. Suresh explained the entire issues to Sathya. “The Duplication issues not only affects your sales volume, but it also affects the goodwill of the Company as the quality of the duplicate product would always be inferior as compared with your superior quality”, said Sathya. “Yes Mam, you are absolutely right” said Karthick.

“Mam, can you explain the process of "Trademark Registration”? asked Suresh. “What are the products you deal with?, because there are totally 45 classes in Trademark Registration, and your food products falls under the following categories”, Sathya stated and started explaining; Suresh interrupted and asked  Sathya:

WHAT IS A TRADEMARK CLASSIFICATION?

A trademark classification is a way the trademark examiners and applicants' trademark attorneys arrange documents, such as trademark and service mark applications, according to the description and scope of the types of goods or services to which the marks apply. Within the broad categories of trademarks and service marks there are dozens of international classes defined for each category.

All goods or services are categorized within International Classes (NICE), in India we follow TM Class. TM Class helps you to search for and classify Goods and Services (terms) needed to apply for trade mark protection, in which Goods run from classes 1-34, while Services are in 35-45 explained Sathya.

HOW CAN WE PROTECT FOOD PRODUCTS AND RELATED SERVICES UNDER TRADEMARK CLASSIFICATION? asked Suresh

Sathya explained about the classifications related to food products:

Technically, the term “food products” referred to diverse product categories and each of them will cover in different classes as per TMClass. Since it is impossible to cover all the items under one class, we have to select appropriate class to cover the proposed goods and services related to food products thereby protect our brand name from the infringements.

Let's have a closer look at a group of these trademark classes for food products and services that are covered under classes 29, 30, 31, 32, 35 & 43.

Mam, WHAT ARE CLASSES 29, 30, 31, 32, 35 & 43 ALL ABOUT? asked Karthick.

Yes Karthick, I shall explain all the classes in detail, said Sathya and continued explaining:

These 6 classes represent the food classifications for trademarks.

Class 29 – covers in General “Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yoghurt and other milk products; oils and fats for food”.

Class 29 includes mainly foodstuffs of animal origin, as well as vegetables and other horticultural comestible products which are prepared or preserved for consumption.

Class 30 – covers in General “Coffee, tea, cocoa and artificial coffee; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice (frozen water)”

Class 30 includes mainly foodstuffs of plant origin, except fruits and vegetables, prepared or preserved for consumption, as well as auxiliaries intended for the improvement of the flavour of food

Class 31 – covers in General “Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt”

Class 31 includes mainly land and sea products not having been subjected to any form of preparation for consumption, live animals and plants as well as foodstuffs for animals.

Class 32 – covers in General “Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other non-alcoholic preparations for making beverages.”

Class 32 includes mainly non-alcoholic beverages, as well as beer.

Class 35 – covers in General “Providing consumer product information relating to food or drink products, the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods; such services may be provided by retail stores, wholesale outlets”.

Class 35 includes mainly services rendered by persons or organizations principally with the object of:

1. Help in the working or management of a commercial undertaking, or

2. help in the management of the business affairs or commercial functions of an industrial or commercial enterprise,

as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services.

Class 43 – covers in General “Services for providing food and drink; temporary accommodation.”

Class 43 includes mainly services provided by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments providing temporary accommodation.

IS IT MANDATORY TO COVER ALL THE AFORESAID GOODS AND SERVICES? Asked Suresh?

“No, Suresh. It is not mandatory”. However, filing of trademark application under one class does not provide complete exclusivity over use of the mark. Trademark only provides exclusivity for use of the mark with respect to the class of goods or services for which the trademark is registered.Furthermore, even if a registered trademark exists under single class, there is a higher chance for another entity to file a trademark application for the same mark under a different class. Hence, it is highlyrecommended to cover all relevant classes that are pertaining to food products and services, explained Sathya.

HOW TO FILE IN UNDER CLASSES 29, 30, 31, 32, 35 OR 43 asked Sathish?

Filing in any of the above food classes has the same process as any other name.

As a First Step, we need to conduct availability search to ensure that the name is legally available. That search should entail looking at the ENTIRE of the food and beverage industry.

If the proposed brand name is available, we can then submit our application for registration of the proposed name in TRADEMARK OFFICE with prescribed fee.

To know more contact us:

Arivazhagan (Advocate)

Call: 9941993399

web: www.leintelligensia.com