Want to protect your recipe blog brand? Here's how to trademark your blog name:
- Check eligibility: Ensure your name is unique
- Search USPTO database for similar trademarks
- Choose right trademark classes (e.g. 041 for blogs)
- File application through USPTO's TEAS system ($250-$350 per class)
- Monitor application progress
- Address any objections
- Receive trademark certificate
- Maintain trademark (renew every 10 years)
Key benefits:
- Stops copycats
- Gives legal power against infringers
- Increases blog value
Costs:
- Application: $250-$350 per class
- Maintenance: $225 (years 5-6), $525 (years 9-10)
- Optional lawyer fees: $1,000-$2,000+
Timeline: 12-18 months for approval
Pro tip: Start early. As Deb Perelman of Smitten Kitchen says, "Trademarking my blog name was one of the best business decisions I've made."
| Blog | Trademark Action | Result |
|---|---|---|
| Smitten Kitchen | Trademarked in 2012 | Stopped meal kit company from using name in 2019 |
| Pinch of Yum | Trademarked in 2015 | Launched food photography course under protected brand |
| Skinnytaste | Registered in 2010 | Released 6 cookbooks using trademarked name |
Remember: You can't trademark recipes, but you can protect your blog name and brand.
Related video from YouTube
What trademarks mean for recipe blogs
Definition of a trademark
A trademark is a legal protection for a word, phrase, symbol, or design that identifies a brand. For recipe blogs, it's usually the blog's name or logo.
Why trademark a recipe blog name?
- Stops copycats
- Gives legal power against infringers
- Opens doors for money-making deals
- Shows you're serious about your blog
How trademarks help food bloggers
Trademarks give food bloggers:
- Exclusive use: No one else can use your name in the food world
- Higher value: Makes your blog worth more if you want to sell
- Reader trust: People remember and stick with your brand
- Room to grow: You can branch out into other food-related stuff
Real-world trademark impact
Let's look at some real examples:
| Blog Name | Trademark Action | Result |
|---|---|---|
| Pinch of Yum | Trademarked in 2015 | Launched a food photography course in 2016, protected under the brand |
| Skinnytaste | Registered trademark in 2010 | Released 6 cookbooks and a meal planner under the brand |
| The Pioneer Woman | Trademarked in 2007 | Expanded into cookware, a restaurant, and a Food Network show |
These bloggers protected their names early, which helped them grow big.
Trademark tips for food bloggers
- Start early: Don't wait until you're famous to trademark
- Be unique: Pick a name that stands out
- Check first: Make sure no one else is using your name
- Use it or lose it: Keep using your trademark to keep it active
When to think about trademarking
Consider a trademark when:
- Your blog starts making money
- You plan to sell products
- You want to write a cookbook
- Your blog name is part of your business plan
Getting ready to register your trademark
Is your blog name eligible for trademark?
To trademark your recipe blog name, it needs to be:
- Unique, not generic
- Not already in use
- Not just descriptive
- Not purely geographic
For example, "Pinch of Yum" (trademarked in 2015) works well. It's catchy and not just describing food.
How to search for existing trademarks
Before applying:
- Use the USPTO's Trademark Electronic Search System (TESS)
- Look for similar names, including misspellings
- Check social media and domain names
- Think about hiring a lawyer for a deep search
Picking the right trademark classes
Choose classes that fit your blog now and in the future:
| Class | What it covers | Example |
|---|---|---|
| 41 | Education, entertainment | Skinnytaste's cooking classes |
| 43 | Food and drink services | The Pioneer Woman's restaurant |
| 16 | Printed stuff | Smitten Kitchen's cookbooks |
| 9 | Digital publications | Pinch of Yum's recipe app |
| 35 | Business, advertising | Food52's product promotions |
In 2019, Deb Perelman of Smitten Kitchen used her 2012 trademark to stop a meal kit company from using her blog name. She said, "Trademarking my blog name was one of the best business decisions I've made."
5 steps to register your trademark
1. Prepare your application
Before you file, make sure your recipe blog name is unique. Use the USPTO's Trademark Electronic Search System (TESS) to check for existing trademarks. Gather these details:
- Your business name
- A clear drawing or description of your trademark
- The goods or services it will represent
2. Submit your trademark application
File through the Trademark Electronic Application System (TEAS). You have two options:
| Option | Cost | What you need |
|---|---|---|
| TEAS Standard | $350 per class | Basic info |
| TEAS Plus | $250 per class | More details upfront |
Pick the right classes for your blog. For example:
- Class 41 for education and entertainment
- Class 9 for digital publications
3. Check your application status
After you submit, you'll get a trademark application serial number. Use this to track your progress on the USPTO website. The whole process usually takes about 14.5 months, so be patient.
4. Handle publication and objections
If your application passes the first review, it goes in the Official Gazette for 30 days. During this time, others can object. Be ready to address any issues that come up.
5. Get and maintain your registration
Once approved, keep your trademark active:
- File a declaration of use between years 5 and 6 after approval
- Renew between years 9 and 10, and every 10 years after that
"Trademarking my blog name was one of the best business decisions I've made. It gave me the legal backing to defend my brand when I needed it most," said Deb Perelman of Smitten Kitchen. In 2019, she used her 2012 trademark to stop a meal kit company from using her blog name.
Remember, 84% of trademark applications are rejected at first. This shows how important it is to prepare well. You might want to get legal help to boost your chances.
| Step | Key Action |
|---|---|
| 1 | Check if your name is available |
| 2 | File your application |
| 3 | Track your progress |
| 4 | Be ready for objections |
| 5 | Keep your trademark active |
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Legal issues for recipe bloggers
How to avoid infringing on other trademarks
Recipe bloggers need to be careful not to step on others' toes when it comes to trademarks. Here's what to do:
- Search before you use: Check the USPTO's Trademark Electronic Search System (TESS) before picking a blog name or logo.
- Get expert help: Talk to a trademark lawyer to make sure your chosen name is okay to use.
- Use symbols right: Put TM next to names you're using but haven't registered. Only use ® for names you've officially registered.
- Keep an eye out: Watch what other bloggers are doing. Set up alerts for names like yours to catch problems early.
Protecting your own trademark rights
Once you have a trademark, you need to guard it. Here's how:
- Register it: Sign up with the USPTO to get nationwide rights.
- Keep it current: Renew your registration every 10 years. Set reminders so you don't forget.
- Act fast on copycats: If someone uses your name, send them a letter to stop. Quick action keeps your brand strong.
- Be consistent: Use your trademark the same way everywhere. It helps people remember you and makes your legal position stronger.
- Copyright your stuff: Think about registering your blog posts, photos, and videos with the U.S. Copyright Office for extra protection.
Real-world trademark battles in food blogging
| Blog Name | Issue | Outcome |
|---|---|---|
| Smitten Kitchen | Meal kit company tried to use the name in 2019 | Deb Perelman used her 2012 trademark to stop them |
| The Pioneer Woman | Expanded into cookware and TV | Trademark helped protect brand across different products |
| Skinnytaste | Released cookbooks under the brand | Trademark allowed for safe expansion into print |
Key takeaways for recipe bloggers
- Start early: Don't wait to protect your name
- Be unique: Pick a name that stands out
- Check first: Make sure no one else is using your name
- Use it or lose it: Keep using your trademark to keep it active
"Trademarking my blog name was one of the best business decisions I've made. It gave me the legal backing to defend my brand when I needed it most," said Deb Perelman of Smitten Kitchen.
Common problems and solutions
What to do if similar trademarks exist
If you find similar trademarks during your search, follow these steps:
- Check how close the existing trademark is to your blog name
- See if the similar trademark is in the food industry
- Talk to a trademark lawyer about your options
- Think about changing your blog name slightly
- Try to reach an agreement with the other trademark owner
For example, in 2019, food blogger Sally McKenney of Sally's Baking Addiction faced a challenge when launching her baking product line. A similar trademark existed for baking goods. Sally's lawyer helped her slightly modify the product line name to "Sally's Baking Recipes," allowing her to move forward without issues.
Trademarking names with common words
It's tough to trademark blog names with common words, but not impossible. Here's what you can do:
| Strategy | Example |
|---|---|
| Combine words creatively | "Pinch of Yum" (trademarked in 2015) |
| Add your name | "Ree Drummond's Pioneer Woman" |
| Use a made-up word | "Smitten Kitchen" (trademarked in 2012) |
| Include a logo | Food52's distinctive "52" logo |
Lindsay Ostrom of Pinch of Yum shared, "We chose our blog name carefully, combining common words in a unique way. This helped us get our trademark approved in 2015, which has been key in protecting our brand as we've grown."
Dealing with trademark rejection
If the USPTO rejects your trademark application, don't give up. Here's what to do:
- Read the rejection reason carefully
- Respond within 6 months
- Provide more evidence or arguments
- Consider hiring a trademark lawyer
- Be ready to appeal if needed
Gina Homolka of Skinnytaste faced initial rejection when trying to trademark her blog name in 2010. She worked with a lawyer to provide evidence of her blog's popularity and unique use of the term. After a successful appeal, she got her trademark, which has been key to her brand's growth, including six cookbooks and a meal planning business.
Protecting your trademark online
Once you have your trademark, protect it online:
- Use the ® symbol next to your trademarked name
- Set up Google Alerts for your blog name
- Check social media regularly for copycats
- Send cease and desist letters to infringers
- Keep records of how you use your trademark
Deb Perelman of Smitten Kitchen actively protects her trademark online. In 2021, she successfully stopped an Instagram account using a similar name to sell baking kits. Deb said, "Staying on top of potential infringement has been crucial to maintaining the strength of my brand."
How much it costs to trademark a blog name
Application fees and other expenses
Trademarking your recipe blog name comes with several costs. Here's a breakdown:
| Expense Type | Cost |
|---|---|
| TEAS Plus application | $250 per class |
| TEAS Standard application | $350 per class |
| Professional drawing services | ~$500 |
| Trademark attorney fees | Varies |
| State-level trademark (optional) | Less than federal, limited protection |
The United States Patent and Trademark Office (USPTO) charges these fees per International Class. If your blog covers multiple categories, costs can add up.
For example, if your recipe blog also sells cooking utensils, you might need to file in two classes, doubling your fees.
Long-term costs of keeping your trademark
Maintaining your trademark is an ongoing expense:
| Time Period | Cost |
|---|---|
| Years 5-6 | $225 per class |
| Years 9-10 | $525 per class |
If you registered your recipe blog name in one class, you'd pay $225 around the 5-year mark and $525 around the 10-year mark to keep it active.
Watch out for these extra fees:
- Late filing fee for Section 8: $100 per class
- Late filing fee for combined Section 8 and 9: $200
To avoid these costs, set reminders for these deadlines. The USPTO sends email reminders if you allowed email communication during your application.
Real-world example
In 2019, food blogger Sally McKenney of Sally's Baking Addiction faced a challenge when launching her baking product line. A similar trademark existed for baking goods. Sally's lawyer helped her modify the product line name to "Sally's Baking Recipes," allowing her to move forward without issues.
"We chose our blog name carefully, combining common words in a unique way. This helped us get our trademark approved in 2015, which has been key in protecting our brand as we've grown," shared Lindsay Ostrom of Pinch of Yum.
Tips to keep costs down
- File online through the USPTO's Trademark Electronic Application System (TEAS)
- Limit your application to no more than two classes of goods and services
- Set reminders for maintenance deadlines to avoid late fees
- Consider hiring a trademark lawyer for a preliminary search to save time and money
Conclusion
Key steps to trademark your recipe blog name
1. Check eligibility: Make sure your blog name is unique
2. Search thoroughly: Use the USPTO database to find similar trademarks
3. Pick the right classes: Choose classes that fit your blog and products
4. File your application: Use the USPTO's online system (TEAS)
5. Watch your application: Check progress and answer any questions quickly
6. Handle objections: Work with a lawyer if anyone challenges your trademark
7. Get your registration: Receive your official trademark certificate
8. Keep it active: File paperwork and pay fees on time
Protect your blog brand
- Use the ® symbol after your name once it's registered
- Look for copycats regularly
- Take action against anyone using your name without permission
- Keep records of how you use your trademark
- Renew your trademark every 10 years
Real-world trademark success
| Blog | Action | Result |
|---|---|---|
| Smitten Kitchen | Trademarked in 2012 | Stopped a meal kit company from using the name in 2019 |
| Pinch of Yum | Trademarked in 2015 | Launched a food photography course under the protected brand |
| Skinnytaste | Registered in 2010 | Released 6 cookbooks using the trademarked name |
Deb Perelman of Smitten Kitchen said, "Trademarking my blog name was one of the best business decisions I've made. It gave me the legal backing to defend my brand when I needed it most."
Tips for smooth trademarking
- Start early: Don't wait until you're famous
- Be unique: Pick a name that stands out
- Get help: Consider hiring a trademark lawyer
- Stay on top of deadlines: Set reminders for renewals
- Use it consistently: Apply your trademark the same way everywhere
FAQs
Can you trademark a blog name?
Yes, you can trademark a recipe blog name. It gives you legal protection for your brand and stops others from using a similar name that might confuse your readers.
Should you trademark a blog name?
For recipe bloggers, trademarking is a smart move. Here's why:
- Protects your brand from copycats
- Gives you legal power to stop others from using your name
- Makes your blog more valuable as a business asset
What are the steps to trademark a name?
Here's how to trademark your recipe blog name:
- Search for existing trademarks
- File your application through the USPTO's TEAS system
- Work with the USPTO examiner
- Answer any questions or issues
- Wait for approval (or denial)
- Keep your trademark active through proper use and renewals
What trademark class is a blog?
Recipe blogs usually fall under these trademark classes:
| Class | Covers |
|---|---|
| 041 | Education and entertainment (main class for blogs) |
| 009 | Downloadable content or apps |
| 016 | Printed materials like cookbooks |
| 035 | Advertising or business services |
Pick the classes that fit your blog now and what you might do in the future.
How much does it cost to trademark a blog name?
Trademarking costs can add up. Here's a breakdown:
| Expense | Cost |
|---|---|
| TEAS Plus application | $250 per class |
| TEAS Standard application | $350 per class |
| Trademark attorney fees | Varies (often $1,000 - $2,000) |
You'll also need to pay to keep your trademark active:
| Time | Cost |
|---|---|
| Years 5-6 | $225 per class |
| Years 9-10 | $525 per class |
How long does it take to get a trademark?
The USPTO takes about 12-18 months to process a trademark application. But be ready for it to take longer if there are any issues.
Can I use TM without registering?
Yes, you can use TM next to your blog name without registering. It shows you're claiming the name as your trademark. But only use ® after you've officially registered with the USPTO.
What if someone is already using my blog name?
If someone's using your desired blog name:
- Check if they've trademarked it
- See if they're in the food industry
- Talk to a lawyer about your options
- Think about tweaking your blog name
How do I protect my trademark once I have it?
To keep your trademark strong:
- Use it consistently
- Watch for copycats
- Take action against infringers
- Keep records of how you use your trademark
- Renew on time
Can I trademark a recipe?
No, you can't trademark a recipe itself. But you can trademark the name of a signature dish or product line based on your recipes.