Pozole Trademark Information

Summary

A food dish like pozole cannot be trademarked in the United States or Mexico. Trademarks are for brand names, logos, and taglines. Recipes themselves are not subject to copyright or trademark protection in both countries. However, the presentation of a recipe, such as in a cookbook, may be protected. Using ingredients like corn and garlic in a recipe does not violate any trademark laws. You can freely use traditional pozole recipes for your project.

Full Conversation

Is pozole trademarked?
In the United States, a food dish like pozole cannot be trademarked. Trademarks are used for brand names, logos, and taglines. However, a specific brand of pozole could potentially be trademarked. Would you like to trademark a brand of pozole?
No I just want to include that dish in a project I’m working on, is it trademarked in Mexico?
To the best of my knowledge, a food dish like pozole itself cannot be trademarked even in Mexico. However, a specific brand or recipe could potentially be. Are you planning to use a specific brand or recipe?
I don’t think so, is there a traditional recipe that isn’t trademarked to make it?
Recipes themselves are not subject to copyright or trademark protection in both the United States and Mexico. However, the manner in which they are presented (such as in a cookbook) may be. You're free to use a traditional pozole recipe.
So if certain ingredients are included to make it like corn and garlic for example, it isn’t violating trademark?
That's correct, Sean. Using ingredients like corn and garlic in a recipe does not violate any trademark laws in both the United States and Mexico. You can freely use these ingredients in your pozole recipe for your project.