India's food industry is one of the fastest-growing sectors in the economy. From cloud kitchens and packaged snack brands to restaurant chains and organic food startups, competition in this space is intense. A food business trademark in India does more than just protect your brand name. It secures the identity you have built, prevents competitors from using confusingly similar names, and establishes legal ownership over the mark that your customers associate with quality and trust.
Many food entrepreneurs focus on getting their FSSAI licence sorted but overlook trademark registration entirely. The truth is, both serve different purposes and are equally important. FSSAI ensures your food products meet safety and hygiene standards. Trademark registration protects the commercial identity behind those products. Running a food business without both is like building a restaurant with a great kitchen but no signboard.
This guide explains how FSSAI and trademark registration work together for food businesses, which trademark classes apply to your products or services, and how to navigate the complete filing process.
FSSAI Registration vs Trademark Registration: What Each Covers
Food business owners often confuse these two registrations or assume one covers the scope of the other. They serve entirely different regulatory and commercial purposes.
| Parameter | FSSAI Registration | Trademark Registration |
| Purpose | Ensures food safety, hygiene, and quality compliance. | Protects brand name, logo, or tagline from unauthorised use. |
| Governing Law | Food Safety and Standards Act, 2006. | Trade Marks Act, 1999. |
| Regulatory Body | Food Safety and Standards Authority of India (FSSAI). | Controller General of Patents, Designs, and Trademarks. |
| What It Protects | Consumer health and product safety standards. | Brand identity and commercial goodwill. |
| Validity | 1 to 5 years. Must be renewed before expiry. | 10 years from the filing date. Renewable indefinitely. |
| Mandatory? | Yes. Legally required for all food business operators. | Not mandatory but highly recommended for brand protection. |
If you haven't obtained your food licence yet, completing your FSSAI registration should be the first priority. Once your food operations are legally compliant, securing a trademark protects the commercial brand you are building around those operations.
Which Trademark Classes Apply to Food Businesses?
India follows the Nice Classification system with 45 classes for goods and services. Food businesses typically fall under specific classes depending on the nature of their products and operations. Choosing the correct class is critical because your trademark protection only extends to the class under which it is registered.
| Class | Covers | Examples |
| Class 29 | Processed foods, dairy products, meat, fish, preserved fruits, vegetables, oils, and fats. | Packaged paneer, frozen vegetables, ghee, pickles, dried fruits, canned fish. |
| Class 30 | Staple foods, baked goods, confectionery, spices, cereals, rice, pasta, tea, coffee, and sauces. | Masala brands, bakery chains, instant noodles, tea labels, chocolate brands. |
| Class 31 | Fresh fruits, vegetables, seeds, natural plants, and animal feed. | Organic vegetable brands, seed companies, fresh produce suppliers. |
| Class 32 | Non-alcoholic beverages, mineral water, fruit juices, and energy drinks. | Juice brands, packaged water labels, soft drink companies. |
| Class 33 | Alcoholic beverages (except beer). | Wine labels, spirits brands, liquor companies. |
| Class 43 | Services for providing food and drink, temporary accommodation. | Restaurants, cafes, cloud kitchens, catering companies, food delivery brands. |
Many food businesses need to file in multiple classes. For instance, a brand that manufactures packaged spices (Class 30) and also operates a restaurant (Class 43) should register in both classes for complete protection. Each class requires a separate application and filing fee.
How to Register a Food Business Trademark in India
The registration process follows the standard framework under the Trade Marks Act, 1999. Begin by conducting a trademark search on the IP India portal to confirm that your proposed brand name or logo isn't already registered or pending in your target class. A clear search reduces the likelihood of facing a trademark opposition after publication.
Identify the correct trademark class or classes based on your food products and services. If you manufacture packaged food items and also run a restaurant, filing in both Class 30 and Class 43 provides layered protection. Consult the Nice Classification list carefully to ensure nothing is missed.
Prepare and submit Form TM-A through the Intellectual Property India portal. The application requires the applicant's details, the mark (word, logo, or composite), the specified class, and a description of goods or services. The government filing fee is Rs. 4,500 per class for individuals and DPIIT-recognised startups, and Rs. 9,000 for other entities. Professional assistance from a trademark registration expert ensures accuracy and reduces the risk of procedural objections.
After filing, the Trademark Examiner reviews the application. If objections arise on grounds of similarity or descriptiveness, you must respond within 30 days. In contested cases, a trademark hearing before the Registrar may be required. Once the application clears examination, it is published in the Trademark Journal for a four-month opposition window. If no opposition is filed, registration proceeds smoothly.
Why FSSAI and Trademark Registration Work Together for Food Brands
FSSAI compliance and trademark protection serve complementary roles in building a credible, legally sound food business. Your FSSAI licence number appears on every product label and packaging, assuring consumers that the food meets safety standards. Your trademark, displayed alongside the FSSAI number, tells consumers which brand made the product and builds the loyalty that drives repeat purchases.
E-commerce platforms like Amazon, Flipkart, Swiggy, and Zomato increasingly require both FSSAI certification and brand registration for listing food products. Without a registered trademark, you may face difficulties enrolling in brand registry programmes that protect your listings from counterfeit sellers. On the food delivery side, registered restaurant brands receive preferential treatment and dispute resolution support.
Investors and franchise partners also evaluate both credentials before committing capital. FSSAI registration demonstrates regulatory compliance, while a registered trademark confirms that the brand is a protected, transferable asset with commercial value. Together, they make your food business fundable, scalable, and defensible.
Common Mistakes Food Businesses Make with Trademark Registration
Filing under the wrong class is a frequent error. A restaurant owner who files only under Class 30 for food products misses Class 43, which covers restaurant services. This gap means a competitor could legally open a restaurant with the same name because your protection doesn't extend to services, only goods.
Using generic or descriptive names is another pitfall. Names like "Fresh Bites" or "Desi Kitchen" are difficult to register because they describe the nature of the business rather than identifying a specific source. The Examiner is likely to refuse such marks, and even if they pass examination, they remain vulnerable to challenges. Responding to a trademark notice for a weak mark is an uphill battle that consumes time and resources.
Neglecting timely renewal is equally damaging. Trademark registration lasts ten years, but you must file for trademark renewal before expiry. Many food entrepreneurs forget this deadline, especially when their FSSAI licence renewal cycle operates on a different timeline. Letting a trademark lapse opens the door for competitors to register your brand name.
Failing to register the logo separately is another oversight. If your food brand uses both a distinct name and a recognisable logo, filing only for the word mark leaves the visual design unprotected. A separate device mark application secures the logo independently.
Conclusion
Building a successful food business in India requires more than great recipes and quality ingredients. It demands a solid legal foundation that covers both food safety compliance and brand protection. FSSAI registration ensures your products meet the safety standards consumers expect. Trademark registration ensures the brand name, logo, and identity behind those products belong exclusively to you.
Together, these two registrations create a credible, protected, and scalable food brand. Whether you operate a single restaurant, a cloud kitchen, or a packaged food company with national distribution, investing in both FSSAI and trademark registration positions your business for sustainable growth and legal security.
Need assistance with your food business trademark or FSSAI registration? Patron Accounting's team of professionals can help you navigate both processes efficiently, ensuring your brand is compliant, protected, and ready to grow.
