Trade mark for a food supplement brand

Do you need a trade mark to sell food supplements?

No. Registering your food business and notifying a food supplement do not require a trade mark. But a trade mark protects the name you invest in: labels, online shop, photos and advertising.

If someone has already registered the same or a similar name for food supplements, you risk a dispute and having to change your name. For your own brand, that means new artwork, new labels and changes to your online shop. The whole process of starting a brand is in How to start a supplement brand.

EU trade mark or national trade mark?

An EU trade mark from the European Union Intellectual Property Office (EUIPO) covers all EU countries with one application. A national trade mark from a national intellectual property office covers only that country (the Benelux Office covers Belgium, the Netherlands and Luxembourg together). The systems work in parallel (EUIPO).

EUIPO fees checked on 19 October 2026. Sources: EUIPO fees, FAQ on the application procedure, Regulation (EU) 2017/1001.

Which one to choose: if you sell in one country only, a national trade mark may be enough. If you sell, or plan to sell, in several EU countries, compare the cost of one EU trade mark with the sum of the national applications you would need.

EUIPO official fees by number of classes (online filing):

A paper application costs €1,000 for the first class. These are official fees only; a trade mark attorney, if you use one, is paid separately. Online renewal after 10 years costs the same as online filing.

Funding for small businesses. The EU SME Fund, run by the EUIPO, reimburses part of the fees for trade marks and other IP rights for EU-based small and medium-sized enterprises. For 2026, the voucher for trade marks and designs is no longer available because the funds have run out (checked on 19 October 2026). Check the SME Fund page for future calls.

Which Nice classes cover food supplements?

Class 5. The heading of class 5 in the Nice Classification includes ‘dietary supplements for human beings and animals’.

Depending on your range and how you sell, other classes may also be relevant:

• class 30, if you also sell honey or other foods in this class under your brand,
• class 35, which covers advertising and business services, including retail services such as an online shop,
• class 32, if you sell non-alcoholic drinks.

Choose the exact terms for goods and services in TMclass, which uses terms already accepted by the EUIPO and the national offices in the EU. You cannot add goods or services to the list after you file, so plan it carefully. Each extra class raises the fee, so file only the classes that make sense for your business.

Protect the brand name or the product names?

Protecting the brand name that appears on all your products is usually enough. File individual product names only if they are invented names you want to build over the long term.

Descriptive names that only describe the content or form (such as ‘liposomal vitamin C’) are hard to register. When examining an application, the EUIPO checks that the mark is distinctive and not descriptive for the goods (EUIPO). Such names would not set you apart from competitors anyway. On a limited budget, consider a word mark for the main name first; you can file the logo later, once it is settled.

When to file

As soon as you have chosen the name, and at the latest before you print labels and invest in an online shop, domain and advertising.

• The name is on the label. In countries that require notification, you usually submit the label with it (Directive 2002/46/EC, Art. 10). Changing the name after launch means new artwork, new labels and possibly a new notification.
• After publication of the application there is a 3-month opposition period. The sooner you file, the sooner you know whether anyone objects to the name.
• The application, the label design and the choice of products can run in parallel.

How to check that the name is free

Before filing, run a clearance search: look for identical and similar names in class 5 and related classes. According to the EUIPO, 1 in 5 applications for EU trade marks is opposed (EUIPO).

1. Name variants. Search for the exact name and similar-sounding variants: different spelling, prefixes and suffixes, translations.
2. TMview. TMview searches applications and registrations from the EUIPO and all EU national offices free of charge.
3. Registers of notified supplements. Some countries publish them; the Slovak register, for example, can be searched by product name. They show whether a supplement with a similar name is already on the market.
4. Domains, marketplaces and social media. Check whether another brand already uses the name online.
5. An adviser if in doubt. If you find a similar mark in class 5, talk to a trade mark attorney. Your own search is only a guide.

If you find a conflicting mark, you can still negotiate with its owner, file and accept the risk of an opposition, or adapt your name (EUIPO).

How EU trade mark registration works

You file online, pay the fee, the EUIPO examines and publishes the application, and after the opposition period the mark is registered.

1. Type of mark. A word mark protects the name itself; a figurative mark protects a specific graphic form, such as a logo.
2. Goods and services. Class 5 for food supplements, plus other classes for your range. Use terms from TMclass.
3. Application and fee. File online through the EUIPO User Area. The basic fee must be paid within 1 month of the EUIPO receiving the application (EUIPO).
4. Fast Track. If you use only pre-approved terms and pay upfront, the application can be published in half the time or less. Check the conditions.
5. Examination and publication. The EUIPO checks formalities, classification and absolute grounds, then publishes the application in the EU Trade Marks Bulletin.
6. Opposition. Anyone with an earlier right has 3 months from publication to oppose (the opposition fee is €320).
7. Registration. Without an opposition, or if it is rejected, the mark is registered for 10 years and can be renewed.

National trade marks

Each EU country has its own intellectual property office, with its own fees, forms and time limits. The steps are similar: application, examination, publication, an opposition period and registration. Some offices offer an accelerated procedure. The EUIPO’s Where to register page links to the full list of national offices.

To extend protection outside the EU, you can use the WIPO international system (Madrid Protocol), which builds on a national or EU trade mark you already have.

How long registration takes

At the EUIPO, standard applications are normally published 8 to 11 weeks after payment, and Fast Track applications in half that time or less. The 3-month opposition period follows. Without an opposition, a standard application therefore takes roughly five to six months to registration (our estimate based on the EUIPO figures). An opposition makes the procedure considerably longer. For national offices, check the time limits with the office.

You don’t need a registered trade mark to start selling. The application itself already allows you to oppose later applications for identical or similar marks. But if someone opposes your application and wins, you may have to change the name, so finish the search and file the application before you print a large batch of labels.

What to keep in mind on the label

Your brand does not replace the name of the food. Products covered by the Directive are sold under the name ‘food supplement’ (Directive 2002/46/EC, Art. 6(1)), in the language of each country of sale, together with the other mandatory particulars; see Food supplement label requirements.

Use the ® symbol only once the mark is registered. The EUIPO warns that using it with an unregistered mark can be an offence.

For our ready-made formulas, we provide label texts in selected languages, a dimension template and a guide for your designer. If you wish, we print your label and apply it for €0.30 per unit; you can also order the products without a label and apply your own. See the product catalogue, labels or send us an enquiry.