Seasonal products are items sold only during certain times like holidays or summer. Think Easter chocolates, Christmas ornaments, or limited-edition summer drinks. Even though they are sold for a short time, the branding behind them needs protection so others don’t copy or confuse your products. Research shows that 68% of consumers recognize brands by their logos and packaging, making trademark protection essential to maintaining customer loyalty and trust.

Why Seasonal Trademarks Face Unique Challenges

A trademark must stay in use to remain valid, but seasonal products are not sold all year. This creates a challenge for the “continuous use” requirement in many countries. In practice, brand owners can show proof of genuine use by keeping marketing materials, website screenshots, and dated packaging photos from each selling period. This documentation helps prove the mark has not been abandoned, even when sales only happen during certain months. In some jurisdictions, you must also file official proof of use at specific intervals or risk losing your trademark rights.

How to Build a Strong Seasonal Trademark Strategy

File Before You Launch

For seasonal products, filing early ensures your legal rights are in place before your product hits the market. Trademark approval can take months, so filing well in advance of your season is key.

Keep Proof of Use Every Year

Keep dated records of your seasonal trademark in use—online ads, social media posts, product packaging photos, and receipts from retailers. Store them in a dedicated folder so you can quickly submit them if required.

Choose a Distinctive Brand Name

Avoid descriptive or generic names like “Holiday Cookies” or “Summer Lemonade.” The more unique your trademark, the easier it is to register and defend.

Use Trademark Symbols Properly

Use ® for registered trademarks and ™ for unregistered ones. Always use your trademark as an adjective—“WinterGlow™ sweater”—to prevent it from becoming generic.

Monitor and Enforce Your Rights

Even if your product is seasonal, competitors may try to use a similar name or design year-round. Regularly search for potential infringements and take quick action if you find them.

Special Consideration: Well-Known Marks

If your seasonal brand becomes widely recognized, you can apply for well-known trademark status in some jurisdictions. This status offers broader protection—even across unrelated product categories—and makes it easier to block copycats. For example, a famous holiday drink name could be protected from use on clothing or accessories. To qualify, you typically need to prove the mark’s reputation, market share, and duration of use. These rules have recently been updated in certain countries, including the Philippines, where new regulations took effect in April 2025. You can read more about these updates at:

• IPOPHL: https://www.ipophil.gov.ph/well-known-marks/

• Conventus Law: https://conventuslaw.com/report/philippines-new-regulations-on-the-protection-of-well-known-trademarks-issued/

• Vera Law: https://www.veralaw.com/?p=4484