By Michael Kondoudis, Restaurant Trademark Attorney
This blog answers the question: Can you use trademarks to protect a restaurant name?
If you need to know if trademarking can help protect your restaurant name, read on. This guide is for you.
Let’s get started!
Can You Trademark a Restaurant Name?
Yes, you can trademark a restaurant name. The U.S. Patent and Trademark Office accepts applications for restaurant names. Restaurant services are protectable with trademarks. So, you can trademark your restaurant name, logo, and any slogan used to promote your restaurant.
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Do You Need to Trademark a Restaurant Name?
Yes, you need to trademark the name of your restaurant. Trademarking the name of your restaurant confirms your legal ownership of the name and prevents anyone else in the restaurant, hospitality, and food service industries from trademarking it for their businesses.
If you do not protect the name of your restaurant’s name, anyone can use it and possibly even steal it. If that happens, you would be forced to rebrand.
What Parts of a Restaurant Brand Can Be Trademarked?
The name, logo, and any phrase/slogan used to promote your restaurant can be trademarked.
What Parts of a Restaurant Brand Cannot Be Trademarked?
Not every part of a restaurant brand can be trademarked. You cannot trademark recipes and procedures. Trademarks protect how you identify and promote your food products and services. A trademark will not prevent another restaurant from creating foods similar to yours.
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How Do You Trademark a Restaurant Name?
To trademark a restaurant name, logo, or slogan, you need to apply to the U.S. Patent and Trademark Office. Learn about how here.
A word of warning – filing an application starts a Federal legal proceeding that can be very confusing and complicated. For this reason, and many others, the U.S. Patent and Trademark Office recommends that you work with a trademark attorney. Learn why.
When Should You Trademark a Restaurant Name?
Most experts agree that you should trademark a restaurant name earlier rather than later. The process takes over a year, and your brand is exposed every day before the U.S. Patent and Trademark Office grants a registration.
Condensed Summary
When It Comes to Restaurant Names, Trademarks are Your Best Friend
The answer is clear – you trademark a restaurant name. Trademarks are specifically designed to protect brand identifiers like restaurant names, logos, and slogans.
The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark restaurant names, and applicants register trademarks for restaurant names (and logos) every day. Trademarking a restaurant name offers strong and broad protection, ensuring that you have the exclusive legal right to use the name and prevent the use of any mark that is identical or confusingly similar to it.
Why Trademark a Restaurant Name Instead of Copyrighting It?
Trademarks protect brands, like names of restaurants.
Summing Up: Trademark Your Restaurant Name for the Best Protection
So there you have it! Next time someone asks you whether to copyright or trademark a restaurant name, you can confidently tell them to go for a trademark registration. This option provides stronger and more comprehensive legal protection for business owners looking to safeguard their restaurant’s names and brand identifiers.
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For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).
