How to Trademark a Beverage Brand

Creating a standout beverage brand is no small feat. Whether you’re launching a bold new energy drink, a small-batch kombucha, or a line of caffeine-free mocktails, protecting your brand should be at the top of your to-do list. If you’re wondering how to trademark a beverage brand, this guide breaks it down—step-by-step—in plain language.

Why Trademark Your Beverage Brand?

A trademark gives you exclusive rights to your brand name, logo, or even packaging design if it’s distinctive. That means competitors can’t use a confusingly similar name or design that could mislead your customers. More importantly, a registered trademark builds long-term brand value. It’s not just legal protection—it’s a strategic asset that grows with your business.

Trademark Options for a Drink Brand

You can trademark many elements of your drink brand from the name of your drink, your business name, your logo, slogan, and even your packaging—if it’s unique enough to identify your brand. No matter the beverage type, protecting your branding early helps secure your spot in the market.

What can’t be trademarked? The beverage recipe or formula itself. That’s considered a trade secret. Protecting it means limiting access to the recipe, using non-disclosure agreements, and keeping production tightly controlled.

Steps to Trademark a Beverage Brand

1. Choose a Strong, Distinctive Name

The first step is picking a name that sets your beverage apart—and holds up legally. The USPTO is far more likely to approve names that are unique and creative, like “Zyvo” or “Sunvee,” rather than ones that describe the product too literally, like “Fruit Sparkle” or “Healthy Juice.” Descriptive names or generic names don’t qualify for trademark protection because they’re too common to be owned by a single brand (however, there are possible exceptions for descriptive names). Your best bet? Fanciful, arbitrary, or suggestive names that grab attention and clear legal hurdles.

2. Run a Trademark Search

Before printing labels or building a website, make sure the name isn’t already in use. A professional trademark search helps uncover existing names that may be too similar—visually, phonetically, or in meaning. Skipping this step can lead to expensive rebranding or trademark refusals. We’ll go deeper into how this works in the next section.

3. Identify the Right Trademark Class

Trademarks are grouped into classes based on the type of goods or services they cover. For most beverage brands—including coffee and tea, kombucha, mocktails, and energy drinks, there are 2 classes to consider—

You’ll need Class 32 for things like juices, mocktails, and energy drinks.

Class 30 is best for drinks such as kombucha, other teas, and coffee drinks—whether in filled pod, bean, or iced form.

Filing under the wrong class can result in delays, refusals, or even missed protections. In some cases, additional classes may be appropriate if you’re selling branded merchandise, supplements, or other product lines.

4. File with the USPTO

Once your name is cleared and your class selected, it’s time to file your application with the U.S. Patent and Trademark Office (USPTO). You’ll need to include details about your business, a description of your goods, and an image of your mark if applicable. At this stage, accuracy matters. Mistakes in your filing can lead to costly corrections—or worse, denial. Many entrepreneurs choose to work with a trademark expert or service provider to ensure everything is submitted correctly the first time.

Conducting a Comprehensive Trademark Search

This step is where many DIY trademark efforts fall short—and where the risk of costly mistakes rises fast. A quick check in the USPTO’s Trademark Search database might show your name as “available,” but that’s only part of the picture.

A solid trademark search goes beyond looking for exact matches. It checks for similarities in sound, appearance, and meaning, which the USPTO considers when reviewing your application. Why? Because trademarks that are “likely to cause confusion” with existing ones will be refused—even if they’re not identical. That means a name that seems unique to you could still be too close to something already in use, especially in a related product category.

For example, if you’re launching a kombucha brand called “Bloom Brew” and there’s an existing tea brand called “BloomBev,” the USPTO may see a likelihood of confusion—even if you didn’t.

That’s why working with a trademark search specialist is so important. They don’t just search the USPTO database—they dig into federal trademarks, state filings, common law uses (like unregistered businesses), social media, domain names, and more. It’s about understanding the full landscape of what’s already out there, so you don’t invest time and money in a brand name that’s headed for rejection—or worse, a legal dispute.

In short: a thorough search today saves headaches tomorrow.

Trademark Tips by Drink Type

While the overall process for trademarking a beverage brand is similar across categories, the competitive landscape—and potential trademark conflicts—can vary widely depending on the type of drink you’re launching.

Here are a few tips tailored to specific beverage niches:

Coffee Brands:
If you’re exploring how to trademark a coffee brand, don’t just check other packaged beverages. Be sure to look into trademarks held by cafés, coffeehouses, and ready-to-drink coffee lines. These names may not be on store shelves, but they still count as potential conflicts—especially if they’re offering similar goods.
Kombucha Brands:
Kombucha often falls under the wellness or natural products umbrella, so your trademark search should go beyond beverage companies. Brands in health food, herbal supplements, and fermented products may operate in overlapping spaces, even if they don’t sell kombucha specifically.
Energy Drink Brands:
The energy drink brand trademark space is crowded and competitive. Be especially mindful of bold, edgy names and stylized logos—this category is full of aggressive branding, and similar visual or phonetic elements could trigger a likelihood of confusion refusal.
Mocktail Brands:
If you’re taking steps to trademark a mocktail brand, keep in mind that many alcohol alternatives target similar audiences. Even though you’re avoiding alcoholic content, trademark examiners may still consider names used by spirits or cocktail mixers as relevant conflicts. Your search should reflect that crossover.

No matter the drink type, understanding your competitive trademark landscape is key to protecting your brand—and getting your application approved.

After You File: What to Expect

Once submitted, your application goes through USPTO review, which can take several months. If issues come up—called Office Actions—you’ll need to respond.

If approved, your mark is published and, barring any objections, becomes registered.

After registration, ongoing trademark maintenance is critical. To keep your trademark active, you’ll need to file maintenance forms like Section 8/Section 8 & 15, and eventually Section 8 & 9. Failing to file on time can result in losing your trademark rights.

Final Tip

Trademark early. It’s far easier—and far cheaper—to protect a name before you’ve printed labels, built a website, or rolled out a full-scale marketing campaign. Securing your name first ensures your branding investment isn’t wasted later.

Ready to protect your beverage brand? TradeMark Express offers comprehensive trademark searches and trademark application prep tailored to beverage entrepreneurs. Our specialists help you avoid conflicts and file with confidence—so you can focus on growing your brand.

Reach out today to get started on the right track.

DISCLAIMER: References to particular trademarks, service marks, products, services, companies, or organizations appearing on this page are for illustrative and educational purposes only and do not constitute or imply endorsement.

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Shannon Moore