How to Trademark a Dietary Supplement Brand
In today’s crowded supplement market, your brand name is one of your most valuable assets. It’s how customers recognize you, how your product stands out on the shelf, and how you build long-term brand loyalty. That’s why learning how to trademark supplements—correctly and completely—is essential for anyone creating or growing a dietary supplement brand. This guide breaks down the basics of trademarking supplement brand names and what you need to know to do it right the first time.
Why Trademarking Your Supplement Brand Matters
Supplement brands face intense competition and frequent copycats. Without a registered trademark, anyone could use a name that’s confusingly similar to yours—damaging your reputation, stealing your customers, and possibly getting you kicked off e-commerce platforms like Amazon.
Registering your brand with the U.S. Patent and Trademark Office (USPTO) gives you important benefits – exclusive nationwide rights to that name (or logo or slogan), allowing you to protect your business and grow it with confidence. It also signals professionalism and credibility to retailers, distributors, and customers.
USPTO Trademark Requirements for Supplements
To register your trademark, your brand name must meet certain legal standards:
- It must be distinctive, meaning it can’t be generic or overly descriptive (e.g., “Vitamin Powder” or “Gut Health Formula” likely won’t qualify).
- It must be used in commerce, which means your supplement is already being sold or offered for sale under that name.
When you apply, the USPTO requires a specimen showing how your mark is used in connection with the actual product. For supplements, acceptable specimens include:
- Product labels or packaging featuring the brand name
- Photos of branded packaging
- A website screenshot that clearly shows the product available for purchase (with a cart or checkout function)
Most dietary supplements fall under Trademark Class 5, which covers pharmaceuticals, dietary supplements, vitamins, nutritional products, and other health-related goods. Choosing the correct class is critical. If you file in the wrong class, your application can be refused—or you might end up with a registration that doesn’t actually protect your product.
If you haven’t launched your supplement yet, you can still begin the trademark process by filing an Intent-to-Use (ITU) application. This tells the USPTO you plan to use the mark soon and allows you to secure a priority filing date while you finalize your product and packaging. It’s a great option for supplement brands that want to lock down a name before going to market.
However, ITU filings come with additional steps and costs. Once your application is allowed, you’ll need to file a Statement of Use (and pay an extra fee) to show the mark is now being used in commerce. If you’re not ready yet, you can request extensions—up to five, each for six months—giving you up to three years to launch. But each extension also requires a filing fee.
Whether you’re already selling your supplement or still in pre-launch mode, knowing how and when to file can make all the difference in protecting your brand.
The Importance of Comprehensive Trademark Research
Before you file anything with the USPTO, you must ensure your brand name is legally available. That’s where comprehensive trademark research comes in—and for dietary supplement brands, this step is absolutely critical.
The supplement industry is one of the fastest-growing and most saturated markets in the U.S.
“The U.S. dietary supplements market size was estimated at USD 63.92 billion in 2024 and is projected to reach USD 124.22 billion by 2033, growing at a CAGR of 7.7% from 2025 to 2033.” Grand View Research
This rapid growth and increasing competition within the industry highlights the importance of comprehensive trademark research for new supplement brands entering the market.
With thousands of products competing on shelves and online, the chances of your brand name overlapping with an existing name—whether registered or not—are high. Filing without a thorough search can lead to costly legal disputes, a rejected application, or being forced to rebrand after you’ve already invested in packaging, marketing, and distribution.
A proper dietary supplement trademark search should cover:
- Federal trademarks, pending and registered, filed with the USPTO database
- State trademarks registered in individual U.S. states
- Common Law usage, which refers to unregistered trademarks that are still legally protected based on commercial use. This includes names used on:
- Ecommerce platforms like Amazon, Etsy, or Shopify
- Social media handles and product pages
- Local or regional businesses that never filed a formal application
Many people mistakenly assume they only need to avoid exact matches—but the USPTO looks much deeper. It rejects applications for names that are confusingly similar in sound, appearance, or meaning, especially when used on related goods or services. For example, if your name is “NutriFlex” and a competitor is already selling “NutriPhlex” in supplements, your application could be denied—even if you spell it differently.
Comprehensive research helps you avoid these pitfalls and protects your time, money, and brand reputation. It’s not just a best practice—it’s a critical step in building a legally secure foundation for your supplement brand.
What Happens After You File?
Once your application is submitted, a USPTO trademark examiner reviews it carefully. If there are any issues or questions, you’ll receive an Office Action—a formal letter outlining what needs to be addressed. If your application passes this review, your mark is then published for opposition, giving others a short window to object if they believe your mark infringes on theirs. If no objections are filed, your trademark proceeds toward final registration.
Keep in mind, the entire process can take 8 to 12 months or longer, depending on the specifics of your application and any challenges that arise.
Ready to Protect Your Supplement Brand the Right Way?
Knowing how to trademark supplements properly can protect your business, elevate your brand, and help you grow with confidence. But it all starts with the right strategy—backed by thorough research and correct preparation.
At TradeMark Express, we specialize in comprehensive trademark searches that cover federal, state, and common law use, and we guide you through the full trademark application process. If you’re launching or rebranding a supplement, let’s make sure your name is protected from the start.