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IP trends in sports nutrition

Patent filings directed to sports nutrition continue to generally grow year over year. The trend is particularly pronounced on a global scale.

The increase in patent filings (through 2016) of sports nutrition products has been occurring outside the United States, with a large portion of filings in China. Brazil and Russia, which are not usually on the top filer lists, have weighed in with a significant amount of patent filings specifically associated with sports nutrition.

Sports nutrition ingredients may be formulated into food products, such as modified foods or complete food formulations. Alternatively, specialized ingredients may be incorporated into single or multi-ingredient nutritional supplements. To be patentable, these types of formulations must include a unique non-naturally occurring single ingredient or a previously unknown combination of ingredients, among other innovative features.

Trademarks for sports performance products include some expected terms like “sport,” “perform,” “strong” and “fast.” Since these terms are common, they cannot be registered in trademarks on their own. Common terms and variations thereof must be coupled with more distinctive terms to obtain trademark registration.

Careful consideration is required to determine if a particular combination is available. Trademark availability searches from trademark counsel can help find a potential trademark that does not encroach upon the rights of a third party’s trademark.

Finally, a steady increase in the term “performance” may indicate the sports nutrition performance field is still growing. Opportunities still exist for innovative products and brands to carve out their exclusive rights in an exciting area of nutritional products.

This is an excerpt from the article, “Intellectual property trends in sports nutrition.” To read the complete article, download the Sports nutrition: Performance digital magazine.

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Sports nutrition retail shift offers growth opportunities to brands taking new approaches

Let’s face it: the world feels like it is changing faster and more aggressively than any other time in recent history. In the sports nutrition industry, iron-clad brands are now showing cracks in their armor. This is especially true for legacy sports nutrition brands.

These brands are feeling the squeeze to stay relevant against an onslaught of emerging competitors that have entered the market due to today’s lower barrier of entry. Over the past decade, the increasing popularity of e-commerce has made it easier for brands to sell their products directly to consumers. This direct connection has given rise to a plethora of sports nutrition startups, that are in turn fragmenting the market and fundamentally changing how consumers purchase products.

Gone are the days of generating a reliable, perpetual growth trajectory through the previous sales and marketing models that fueled decades of industry success. These legacy sports nutrition brands now face pressure as consumer behaviors shift and the channel landscape changes. To win in the coming years, sports nutrition legacy brands need to reduce their reliance on and diversify their offline channels. Despite sports nutrition products being a relatively difficult category for consumers to shop for online without prior product knowledge, online sales continue to dramatically increase.

This increase of the self-directed consumer has given online retailers like Amazon a further cognizance to invest in the category. Simply put, the main question pondered by most legacy sports nutrition brands is not whether they should have an e-commerce presence, but rather what level of presence they need to grow. Regardless, the sooner legacy sports nutrition brands start building an e-commerce strategy, the better they will be able to compete with more agile, digitally native challengers.

Read The Full Article HERE

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