When Is a Sausage Not a Sausage? A Guide to Plant-Based Branding

The rise of plant-based food alternatives has created unique challenges for brands trying to navigate product naming and labeling requirements. World Trademark Review interviewed Finnegan partner Clare Cornell to discuss considerations for companies when naming new plant-based products. 

When creating a new brand, companies often face the challenge of deciding between a distinctive name or a name that references the type of product being offered. Clare explained:

“As there is a need to communicate what type of alternative product you are selling, it can be tempting to choose something descriptive of the product, or similar to an existing ‘normal product’, but this can have pitfalls...These pitfalls include possible allegations of trademark infringement or issues registering your mark because it does not meet the required distinctiveness threshold at the trademark registry.”

Many small companies face budget constraints when starting their new brands, but Clare explained that the expense of filing costs can prove an invaluable expense in the early stages of business:

“Clearing brand names for use and associate filing costs can be an unwanted initial expense, but without these, there is a risk of infringement allegations and third-party oppositions, which can quickly escalate costs...From a marketing perspective, choosing a descriptive mark can have apparent value when attracting customers to a product; however, the associated costs in trying to secure registration or defending against allegations of infringement can be more damaging in the long run, in particular if you need to re-brand while still in the preliminary growth stage.”

With the rise of plant-based alternatives, stakeholders in the traditional meat industry may have additional pushback against the use of common meat terms for branding non-meat products. Claire stated: 

"Another challenge may arise from the many supporters of the traditional meat industry who are opposed to the sale of plant-based alternative products and the use of traditional meat product names to describe products...When launching meat-free products, manufacturers not only need to consider whether their branding is distinctive over other trademarks, they must also meet other requirements such as those on product naming and descriptions.”

Read "When Is a Sausage Not a Sausage? A Guide to Plant-Based Branding"