Food & drink brands are watched closely.
Energy drinks, bottled water and snacks are among the fastest-growing opposition categories, and energy drinks carry one of the highest opposition rates in the record.
Foods and drinks span several classes, including 29 (meat, dairy, processed fruit and vegetables), 30 (coffee, tea, candy, baked goods and many snacks) and 32 (water, juice, energy drinks and beer). Wine and spirits are Class 33.
Energy drinks face 58.6 oppositions per 1,000 published applications, about double the rate for general clothing. Monster Energy alone has opposed 72 applications containing “Monster”.
What trademark class are food and drinks?
Class 29 for meat, dairy and processed fruit and vegetables; Class 30 for coffee, tea, candy, bakery goods and many snacks; Class 32 for water, juice, soft drinks, energy drinks and beer; Class 33 for wine and spirits.
A brand that sells a drink and a snack under the same name needs both classes. File for the products you sell, because over-claiming invites non-use challenges later.
How often are food and beverage trademarks opposed?
Energy drinks have the group’s highest opposition rate. Volume is rising in almost every food and drink category, and candy, bottled water, juice and snacks are each up 32% or more.
| Category | Oppositions 2021 through 2025 | 2025 | Volume trend | Rate per 1,000 |
|---|---|---|---|---|
| Energy drinks | 369 | 88 | +58% | 58.6 |
| Juice | 456 | 105 | +35% | 38.9 |
| Beer | 892 | 178 | +4% | 33.5 |
| Snacks | 509 | 125 | +32% | 32.3 |
| Candy & confectionery | 713 | 172 | +42% | 30.8 |
| Bottled water | 519 | 114 | +35% | 28.5 |
| Tea | 752 | 149 | +25% | 28.2 |
| Coffee | 1,047 | 227 | +20% | 25.1 |
Why are energy drink trademarks opposed so often?
A few brands lead the category and police it aggressively. Energy drinks draw 58.6 oppositions per 1,000 published applications, about double general clothing (28.3).
Monster Energy has opposed 72 applications containing “Monster”, and its watch reaches well beyond drinks into entertainment, software and toys. A small business using a common word on an unrelated product can still be a target.
Which words do food and drink brands police?
Food and drink companies oppose applications containing Monster, Eden, Nature, Jack, Stone, Halo and Beyond, among other ordinary words.
| Word | Policed by | Oppositions | Latest |
|---|---|---|---|
| Monster | Monster Energy Company | 72 | Jun 2026 |
| Eden | Eden Foods, Inc. | 13 | Mar 2026 |
| Nature | Nature’s Bakery, LLC | 11 | Nov 2025 |
| Jack | Jack Daniel’s Properties, Inc. +1 | 9 | Sep 2025 |
| Stone | Stone Brewing Co., LLC | 7 | May 2022 |
| Royal | LT Overseas North America, Inc. | 7 | May 2026 |
| Halo | Halo Farm, Inc. | 6 | Jul 2021 |
| Verde | Comissao de Viticultura da Regiao dos Vinhos Verdes | 5 | Jan 2023 |
| Beyond | Beyond Meat, Inc. | 4 | Dec 2025 |
| Sugar | Tootsie Roll Industries, LLC | 4 | Jun 2026 |
Do food and beverage brands usually hire a trademark lawyer?
Between 69% and 75% of snack, candy, water, energy drink and beer defendants appear with counsel.
| Category | Matters per year | With counsel |
|---|---|---|
| Beer | 176 | 75% |
The share of defendants with counsel is 75% for snacks, 74% for energy drinks, 72% for bottled water, and 69% for candy and confectionery.
What should I do if my food or beverage trademark is opposed?
Calendar the answer deadline the Board sets, generally 60 days from the notice, and get advice before that date. Across all categories combined, 44% of opposed applicants never answer and lose by default.
The company opposing a food or drink mark usually has counsel and often watches its word across many products. Filing an answer keeps every option open, including a negotiated, narrower registration. See how trademark oppositions work, or help if you filed the application yourself.
44% is the share of matters showing a default, from 16,106 TTAB prosecution histories parsed so far.
How we work with you.
Clear the name
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File it right
The right classes, a goods description that matches how you sell, and a specimen that proves use.
Defend it
Office actions, oppositions and enforcement, with a clear view of cost before each step.
More questions.
Q01Can I trademark a flavor name?
Flavor names that merely describe the product, like “Strawberry Lemonade”, cannot be registered on their own. A distinctive name for a product line can.
Q02We use a co-packer. Who should own the trademark?
The brand owner should own it. Put ownership of the mark in writing in your manufacturing agreement.
Q03Can I use a place name in my brand?
Geographic names that describe where a product comes from are hard to register, and some, especially wine and spirits regions, are specially protected.
Related help.
Trademark Registration
A clearance search and strategy before a USPTO filing that holds up.
Trademark Oppositions
Received a Notice of Opposition? Your answer deadline and your options for defending or settling it.
Filed It Yourself?
Attorney help when a self-filed application gets an office action, refusal, abandonment, or opposition.
Foreign Applicants
USPTO rules require trademark applicants based outside the US to be represented by a US-licensed attorney.
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