Supplement oppositions nearly doubled.
Dietary supplements and vitamins are among the fastest-growing categories in the TTAB record, with some of the highest opposition rates in consumer goods.
Class 5 covers dietary supplements, vitamins and nutraceuticals. Supplement oppositions rose 92% on the volume trend, with 435 filed in 2025.
Vitamins carry an opposition rate of 40.1 per 1,000 published applications, above most consumer categories. Names that promise health outcomes can also create FTC and FDA problems.
What trademark class are supplements?
Dietary and nutritional supplements and vitamins are Class 5 goods, while ordinary foods and drinks sit in Classes 29, 30 and 32. A wellness brand’s services go in Class 44 and its apps in Class 9.
Protein bars, gummies and drink mixes can fall on either side of the line between supplement and food, so write the goods description to match the label and the way you sell the product.
How often are supplement trademarks opposed?
Vitamin oppositions rose 64% on the volume trend and supplement oppositions 92%, and both categories are opposed at higher rates than most consumer goods.
| Category | Oppositions 2021 through 2025 | 2025 | Volume trend | Rate per 1,000 |
|---|---|---|---|---|
| Dietary supplements | 1,226 | 435 | +92% | 36.5 |
| Vitamins | 665 | 212 | +64% | 40.1 |
| Protein powder | 169 | 43 | +42% | 41.6 |
| Pharmaceuticals | 788 | 179 | +19% | 22.6 |
Which words do wellness brands police?
Common wellness vocabulary, including Kind, Eden, Vitality, Thrive, Vibrant and “Wellness” itself, has been the basis of repeated oppositions.
| Word | Policed by | Oppositions | Latest |
|---|---|---|---|
| Kind | KIND Management Inc. +1 | 24 | Jun 2026 |
| Eden | Eden Foods, Inc. | 13 | Mar 2026 |
| Vitality | Vitality Group International, Inc. | 9 | Mar 2026 |
| Thrive | Le-Vel Brands, LLC | 6 | Feb 2026 |
| Vibrant | New England Greens, LLC | 5 | Apr 2022 |
| Spartan | Spartan Race, Inc. | 4 | Dec 2022 |
| Wellness | WellPet LLC | 4 | Aug 2021 |
| Smart | PetSmart Home Office LLC | 4 | Nov 2025 |
Can my supplement’s name make a health claim?
A name is part of your marketing, so one that implies the product treats or prevents a disease can draw FDA and FTC scrutiny. A name that merely describes a benefit is also hard to register.
The same firm that files the trademark can review your advertising and marketing claims for FTC and FDA compliance. See FTC and FDA marketing compliance.
Do supplement brands usually hire a trademark lawyer?
A majority, and a growing one, with 63% of supplement and 61% of vitamin defendants appearing with counsel, and the number defending with counsel grew 60% and 41% respectively.
| Category | Matters per year | With counsel |
|---|---|---|
| Dietary supplements | 336 | 63% |
Vitamin defendants appear with counsel at a 61% rate, 106 of them a year.
What should I do if my supplement 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.
In a category growing this fast, opposers are often established wellness brands with a standing watch. 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
A search and a straight read on risk before you invest in labels, packaging or a launch.
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.
Q01Is my product a supplement or a food for trademark purposes?
It depends on how it is labeled and sold. Dietary supplements are Class 5; ordinary foods and drinks are Classes 29, 30 and 32. The goods description should match your label.
Q02Will a trademark protect my formula?
No. A trademark protects the brand name and logo. Formulas are usually protected as trade secrets.
Q03Do I need a trademark to sell on Amazon?
To enroll in Amazon Brand Registry you need a registered or pending trademark in an eligible country. Registration also makes it easier to act on copycat listings.
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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