In the crowded coffee shop and roastery industry, establishing a unique brand identity is essential to standing out among competitors. While protecting "central" intellectual property (IP) like brand names, logos, and domain names is absolutely critical, strategically identified and maintained "secondary" intellectual property provides a key avenue through which to establish a strong brand identity and top of mind awareness. The term "secondary" intellectual property is used herein to refer to IP protection beyond the fundamentals such as name and logo trademarking, to encompass the trademarking, copyrighting, and patenting of things like beverage names, coffee blends, menu arrangement, trade dress/interior design (specific, recognizable furniture, colors, art installments, etc.), and packaging design that are high value assets, where value is determined by sales revenue or the strength of brand association, or other importance for strategic goals.
A robust intellectual property portfolio comprising both central and secondary intellectual property is crucial for businesses operating in crowded industries and/or businesses that must rely on common or generic industry terms, like "latte" or "macchiato" in the coffee beverage industry. Secondary IP allows coffee shops, roasters, and other food & beverage businesses to safeguard high-value brand elements to differentiate themselves in a market where generic product names are often unavoidable.
Trademarks are a well-known form of IP protection, covering names, logos, and other core brand elements. However, these protections often cannot extend far enough in industries that use generic terms for products. For instance, it is challenging to trademark common drink names like "espresso" or "cappuccino" because they are commonly used, industry-standard terms. In such cases, businesses need to focus on secondary IP—like trademarking signature drink names, specific coffee blends, and even color schemes associated with their brand.
Trade dress is another form of secondary IP protection that can help coffee shops safeguard the interior design, layout, and aesthetic of their space, specific three-dimensional product packaging or labeling, or flavoring. Trade dress protection is particularly important in an industry where ambiance and customer experience play a major role in attracting and retaining customers. By protecting these elements, businesses can prevent competitors from copying the look and feel of their shop or specific products, which is often a major factor in brand identity.
Due to the cost and time involved in establishing the uniformity and distinctiveness required for trade dress, coffee shops and roasters may also consider design patents as a parallel form of IP protection. Design patents cover the non-functional, ornamental appearance of an item. Design patents could be used to cover the distinctive shape of a coffee brewer, a unique shape for a coffee cup, a particular shape for a coffee cup sleeve, or a physical or digital ordering interface. It is worth noting that utility patent protection may also be sought for the functional aspects of an item – For example, a disposable, biodegradable coffee cup or a coffee cup/lid that is more user-friendly for customers having mobility impairments.
Finally, copyright protection should be used to protect creative works like menus, websites, and art used on coffee bean packages, cups, etc. In the coffee industry, many roasters use unique artwork on their packaging to distinguish their products. Copyrighting these elements (in addition to other forms of IP protection) makes it more challenging for competitors to imitate the artwork on coffee bags or the narrative on menus that give the brand its distinctive edge.
With so many forms of overlapping intellectual property protection, it can be a challenge to identify key products and services and prioritize IP protection for the same. A good way to start this process is by identifying all IP assets—whether currently covered by formal IP rights or not—and ranking their value based at least on (1) associated revenue, (2) importance to customer experience, and (3) association with strategic business goals. A gap assessment should be conducted to ascertain the extent to which formal IP rights exist for high value assets. IP protection should then be obtained for any high value assets having no, or minimal IP protection.
In crowded industries such as the coffee beverage and coffee roasting industries, secondary IP becomes essential for coffee shops and roasters to protect high-value elements like signature drinks, unique interiors, and artistic packaging. By leveraging secondary IP, businesses in the food and beverage industry can strengthen their brand identity, ensure market differentiation, enhance customer experience, and create lasting value that extends beyond central IP assets.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.