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Omega-3 IP

Omega-3 patents are mostly filed in China these days, but American and European companies are still top filers. With trademarks, use of the term “fatty acid” is sharply declining based on current projections for 2017.

Patents can help protect innovations for different forms of omega-3s as well as the processes for making them. Trademarks can help protect brand names for products that contain omega-3.

The number of omega-3 patent applications filed per year has remained steady until a spike in 2013 that corresponded to many applications filed in China, which overtook the United States as the majority patent filer for omega-3-related applications. Still, the leading filers for omega-3 patent applications include American, European and Asian companies.

Despite innovations in how omega-3 products are made and their new derivatives, some of the most commercially impactful ways of marketing omega-3 products are straightforward. The term “omega” is by far the most common term used in these types of nutraceutical trademark filings. However, since “omega-3” is a generic term, i.e., one that cannot be owned by a single party, valid trademarks must include more specificity.

Specific terms such as EPA (eicosapentaenoic acid) or DHA (docosahexaenoic acid) are less common in describing goods. This may be due to a desire to keep the identification of goods broad and therefore expand the trademark rights. In addition, “omega” and “fish oil” have been consistently used during the last five years, which may grant trademark filers broad rights to the use of a mark with different products. Use of the term “fatty acid” is sharply declining based on current projections for 2017.

Get more statistics and information on omega-3 patents and trademarks in INSIDER’s Omega-3 Digital Magazine.

Andreas Baltatzis will discuss the benefits of trademarks and patents during the “Navigating the Business of the Nutraceutical Industry” Panel Discussion on Thursday, Sept. 28 at 9:00 a.m. at SupplySide West in Las Vegas.

Attorney Andreas Baltatzis is a director at KramerAmado PC (krameramado.com), a boutique law firm specializing in intellectual property (IP). He represents a number of innovative nutritional supplement and nutraceutical companies that improve people’s lives every day. Baltatzis also helps companies prepare and implement IP strategies by obtaining patents and trademarks that protect their innovations and cash flow, as well as advising clients on successfully launching new products and brands.

Gideon Eckhouse is a senior associate at KramerAmado, with more than 10 years of experience in patents and trademarks. He assists innovative nutritional supplement and nutraceutical companies in protecting their IP throughout the world. Eckhouse counsels and implements global trademark strategies for new brand launches. Additionally, he prepares and prosecutes patent portfolios protecting new products coming to market.

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