How to Trademark Food, Beverage, and Wellness Products (Including Mushroom Supplements) in Colorado

Launching a food, beverage, or supplement is exciting—but protecting your wellness brand is essential. From adaptogenic mushroom powders to functional beverages and natural supplements, a strong trademark in Colorado’s wellness industry can set you apart and keep competitors from copying your name or logo.

But when your products are categorized a food product regulated by the FDA, trademarking requires extra care. Here’s what you need to know before filing a trademark for your wellness products in Colorado.

Why Trademarks Matter for Wellness Brands

Your brand name, logo, and product line are valuable business assets. A registered trademark:

1. Gives you exclusive rights to use your brand name nationwide.
2. Helps prevent copycats from infringing on your identity.
3. Increases your company’s valuation for investors, distributors, and retailers.
4. Provides stronger enforcement options if infringement occurs.

For wellness brands competing in crowded markets with  supplements, teas, or mushroom blends, a trademark is one of the most effective ways to build long-term brand value.

FDA Regulation and Trademark Law: How They Intersect

The FDA regulates how food, beverage, and supplement products are labeled and marketed, while the USPTO (United States Patent and Trademark Office) governs trademarks.

This overlap creates two (2)  important considerations:

1. Unlawful or misleading claims: If your brand name or trademark application suggests the product can “cure,” “treat,” or “heal,” the USPTO may reject it as unlawful under FDA standards.

• • Example: “Cancer Cure Mushrooms” would likely be refused.
  • Better: “MindRise Mushrooms” (neutral, non-medical).

2. Psychedelics vs. functional mushrooms: Trademarks for psilocybin or federally illegal substances will not be approved. However, functional mushrooms (reishi, lion’s mane, cordyceps, chaga, etc.) are generally lawful for trademarking in Colorado if marketed properly.

Choosing the Right Trademark Classes

When filing a trademark, you must specify the goods/services your mark will cover. For wellness products, the most common classes for trademarking include:

1. Class 029 – Dried foods and snack products (e.g., mushroom jerky).
2. Class 030 – Coffee, tea, and beverage blends.
3. Class 031 – Fresh agricultural products (e.g., raw mushrooms).
4. Class 032 – Beverages (juices, functional drinks, kombucha).
5. Class 005 – Dietary and nutritional supplements.

Hot Tip: Even if your product fits in Class 005, avoid making health claims in your application description. Use neutral wording like: “Dietary supplements containing mushrooms” instead of “Supplements to treat depression.”

Best Practices for Trademarking Your Wellness Brand

1. Choose a distinctive name: The stronger your name, the easier it is to protect. Suggestive or creative names (e.g., “MycoBloom”) are better than generic ones (“Mushroom Powder”).
2. File early: You can file on an “Intent-to-Use” basis before your product even launches, securing priority rights.
3. Audit your labels: Make sure your packaging is FDA-compliant before submitting specimens to the USPTO.
4. Think long-term: If you plan to expand your brand’s products and offerings, (e.g., from powders to drinks), consider filing multiple classes now to cover future growth.

Here are a Few Common Trademark Pitfalls for Wellness Products to Avoid

1. Using descriptive names that the USPTO deems unprotectable.
2. Making medical claims in branding or applications.
3. Assuming a state business registration = trademark protection (it doesn’t).
4. Waiting too long to file, only to see another brand register a similar name first.

How an Attorney Can Help Trademark Your Wellness Brand

Trademarking wellness products requires navigating both USPTO standards and FDA regulations, and any mistakes can be costly.

With an  experienced trademark attorney, you can:

1. Conduct a comprehensive search to check for trademark conflicts.
2. Draft a compliant application tailored to your wellness product category.
3. Monitor all deadlines and handle USPTO communications.
4. Advise on brand strategy across wellness supplements, beverages, and food products.

Trademark Your Wellness Brand & Protect Your Business

Protecting your wellness brand through trademark registration is one of the smartest investments you can make for your business and brand. Whether you’re selling mushroom blends, adaptogenic teas, or natural supplements, early action to protect your business ensures your brand identity grows securely over time.

Ready to secure your wellness brand? Contact Allison Shute Law today to schedule a consultation and protect your food, beverage, or supplement trademarks.