As we covered on our private label agreements page, the two most important features of a trademark application are the name of the trademark and the descriptions of the goods that will bear the mark. Because of this feature of trademark law, private label marketers with multi-product brands need to develop their trademark portfolio carefully and methodically.

  • Trademarks that Contemplate Brand Growth. A thorough availability opinion is essential for any trademark application. To conduct the availability research, we look at the words in the proposed mark (and its related permutations) as they are used on identical and related goods. The purpose of the availability opinion is to give the applicant an idea of their chances of successfully registering the proposed mark. This is challenging enough for single-product trademark applications.

It gets more challenging for private label marketers that aspire to build the brand across a wider range of goods. We not only have to perform the availability research for the goods they are currently marketing or intend to market in the short term. We also have to perform some research on the goods they aspire to trademark under the brand in the intermediate and long term. We have to help the private label marketer plan for the future growth of the brand, and we have to deploy different strategies to accomplish this.

  • Filing Fees. When a private label marketer wants to add more goods to a brand, these products should be added to the existing trademark portfolio. Adding new goods to a trademark registration requires an additional application, and an additional filing fee of at least $225 per class of goods. Filing fees can add up quickly for multiproduct brands. Proper planning and timing of trademark applications could mean the difference between hundreds in filing fees or several thousands. When we work with multiproduct private labelers, we help them plan for the growth of their brand in a way that minimizes filing fees without sacrificing the benefits of trademark protection.

Our legal services can add value to any multiproduct private label brand. Our service plans (how we work) enable you to combine manufacturing and branding in one seamless process with a predictable cost. Contact us to find out more about how we can help you build your brand.