While everyone understands the importance of creativity and branding in the food and beverage industry, how often do people actually think about how to protect those brands and creative ideas? Each form of intellectual property (IP) protection—trademarks, trade dress, copyrights, design and utility patents and trade secrets—has an important role to play in protecting brands and innovation in the food and beverage industry. In fact, the industry serves as an excellent case study for how many of these protections are related and should be used in conjunction with one another to maximize IP protection.

Let’s start by thinking about what needs to be protected. Like most businesses, food and beverage companies need to think about branding—this includes a company’s name, product names, logos and slogans. Next, the company must think about the products themselves—this includes recipes, the look and feel of the products, the process or methods for making them, as well as things such key ingredients or the sources of supplies. Packaging, including individual products as well as collections of them, such as shelf displays or shipping cartons, is also important. And finally, for many companies in the industry, especially those with retail stores or even kiosks, the entire look and feel of the business or retail establishment may provide opportunities for protection. This can include menus, floor layout, décor, and, perhaps, even plating or presentation of the food in restaurants.