Food + Restaurants Archives - Michael E. Kondoudis

Can You Trademark Food Names? – A COMPLETE GUIDE

October 4, 2022 by Michael Kondoudis

If you want to trademark your food name but aren’t sure how to begin, just follow our five steps to food trademark protection.

By Michael Kondoudis, Restaurant Trademark Attorney

This is our COMPLETE guide to food name trademarks.

Building a food brand is hard work. It takes creativity and luck because the food industry is competitive and crowded. You need a recognizable brand to stand out from the crowd. A strong brand is the key to success in the food industry.

But how do you safeguard this valuable asset? How do you protect a food name and brand?

That’s where trademarks come in. This guide discusses protecting a food brand with trademarks and answers important questions about trademarking food names. In fact, this is the information that we use to register food trademarks for our clients.

So, if you’re ready to learn about food trademarks and how they can help protect a food brand, this guide is for you.

Let’s dive in!

Trademark reg. no. 6,853,760 secured by The Law Office of Michael E. Kondoudis for Regal Meat LLC

CONTENTS

→ I. About Food Trademarks

→ II. Why Trademark Food Names?

→ III. When to Trademark Food Names

→ IV. Requirements for Food Trademark Protection

→ V. How to Trademark Food Names

→ VI. Choosing Strong Food Trademarks

→ VII. Searching Food Trademarks

1. FOOD TRADEMARKS

What is a Trademark?

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others. In other words, it sets your product or service apart from your competitors.

What is a Food Trademark?

A food trademark is a name, logo, or phrase used to brand and distinguish a food product from similar food products made by other companies.

There are different types of trademarks that can be used for food products. The most common food trademarks are names, logos, and phrases.

For something to be considered a food trademark, it must be used to brand a food product. Also, a food trademark must be used to brand a food product to be registered with the U.S. Patent and Trademark Office (USPTO).

Food trademarks registered with the U.S. Patent and Trademark Office (USPTO) come with enhanced protections, including exclusive nationwide rights. There are many benefits to federal trademark registration.

A food trademark is a name, logo, or phrase that distinguishes a food product from one company from those of the competition. Food trademarks distinguish food products from different companies to prevent confusion.

What is Trademarking?

Trademarking is the legal process of protecting a word, logo, or phrase that you use to represent your brand. Trademarking protects your brand and ensures that no one else can use a similar name for their products. When you trademark the name for your food product, you’re ensuring that no one else can use that name or a similar one for competing food products.

What is Trademark Registration?

Trademark registration is the process of applying for a Federal trademark from the U.S. Patent and Trademark Office (USPTO). The USPTO administers trademark registrations. There are many benefits to federal trademark registration. Read more about why you should register your trademark.

Can Food be Trademarked?

No. Food cannot be trademarked, but food names can be trademarked. Foods cannot be trademarked because they do not represent a brand. However, food names can be trademarked because they identify a company’s food product and represent brands. Product names, including the names of food products, are eligible for trademark protection when used in branding. Trademarking a food name is the best way to protect your food brand. Food names can be trademarked.

Can Food Names be Trademarks?

Yes, food names can be trademarks when they are used to brand a food product. Food names are eligible for trademark protection. In fact, trademarking a food name is the best way to protect it for your food brand. When you trademark a food name, you reserve it for your exclusive use. The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark a food name as a food trademark. It is possible to trademark the name of a food product when the name is used in branding and marketing.

Which Parts of a Food Brand Can Be Trademarked?

Names, logos, and slogans can be trademarked to brand and market food products.

2. WHY TRADEMARK FOOD NAMES?

Why Should You Trademark Food Names?

There are several reasons to trademark food names.

Firstly, you should trademark your food name because it will confirm your legal ownership of it and how it is used. Both are essential to building a unique food brand.

Secondly, you should trademark your food name because it will help keep anyone else from using your name for their food products. This ensures that your food name remains distinctive. If someone else starts selling a food product with your name, they can steal sales from you.

Thirdly, you should trademark your food name because it will prevent anyone else from trademarking it (or anything similar) for their food products. If someone else trademarks your name, they will own it, and you will need to rebrand.

The Benefits of Trademarking Food Names

There are many benefits to trademarking your food products. For one, it can help you build a strong and recognizable brand. Customers are more likely to buy products from brands they know and trust, so a trademark can boost your business significantly. Moreover, a trademark can also help you stop others from using your ideas without permission. If someone tries to pass off your product as their own, you can take legal action against them.

There are several benefits to obtaining a food trademark. First, it can help you to build brand recognition and customer loyalty for your food product. If customers know that they can only get your specific product from your company, they are more likely to continue buying from you in the future. In addition, having a trademark can help you to enforce your rights if another company attempts to copy your product. Finally, obtaining a trademark can also make it easier to license or sell your food product in the future.

When you trademark a food name, you give yourself exclusive rights to use that name. This means that no one else can produce or sell a food product with the same name. Trademarks also give you the right to take legal action against anyone who uses your trademarked name without permission.

Another benefit of trademarking food names is that it can help you build goodwill with customers. If customers know that they can trust your brand because a trademark backs it, they are more likely to buy from you again in the future. Trademarks can also help you differentiate your products from the competition. A strong and distinctive brand can be a significant advantage in a crowded marketplace.

A food trademark helps create a unique and recognizable brand and increases customer awareness. A food trademark ensures that the name of your food product stays yours. A food trademark prevents anyone else from trademarking the same or similar name for their food product. A food trademark helps avoid future legal disputes, which can be costly.

Top Reasons to Trademark a Food Name

1. Avoiding conflicts with other food trademarks

The U.S. Patent and Trademark Office (USPTO) will only let one food maker trademark a food name. If you get the trademark, that is OFFICIAL legal confirmation that your trademark is unique.

2. Legal ownership and exclusive use

A federal trademark comes with significant legal rights, including the right to use a trademark in all 50 states. Also, only one business can own a food trademark, and it is usually the one that trademarks the name first.

3. Protection against copycats

Trademark registration protects your food name from people who would copy it and use it for their food products. The fact is that a food name is less likely to get imitated if you trademark the name.

If you don’t trademark your food product name, nothing stops another company from creating a similar-sounding name for their product. This could confuse customers and lead to lost sales.

4. Easier enforcement

Trademarking your food name helps avoid costly litigation. But, if you are forced into court in a dispute over your food brand, having a trademark is a great advantage because it is legal confirmation of your ownership of your food marks and that they are valid and enforceable.

If someone does infringe on your trademarked name, you have the legal right to take action against them. This includes ordering them to stop using the name and/or pay damages.

5. Make your brand stand out

Having a unique name for your food product helps create brand recognition and differentiation from other products on the shelf. A strong brand can lead to customer loyalty and repeat purchases. If customers know that they can only get your specific product from your company, they are more likely to continue buying from you in the future.

The food marketplace is crowded. A trademark is an efficient communication tool for capturing user attention and making your brand and products stand out.

6. It protects your investment in your brand

If you have spent time and money developing a strong brand identity, you don’t want someone else to be able to cash in on that by using your name. Trademarks also make it easier for customers to find your products and distinguish them from similar products on the market.

Do You Have To Trademark A Food Name?

No, trademarking a food name is not mandatory. But, if you don’t trademark your food name, you won’t have exclusive rights to it. Other companies would be free to use your foods name for their food products.

Do you need to trademark a food name?

Yes, if you want to protect it from being copied by someone else. If someone else copies your food name, they could potentially damage your business or even steal your customers. If you spend a lot of time and money developing a food product, protecting your work from being copied by someone else is vital. By getting a food name trademark, you can prevent others from using it and create a stronger association between your food product and its name.

3. WHEN SHOULD YOU TRADEMARK FOOD NAMES?

How Long Does It Take to Trademark Food Names?

In most cases, it takes more than 12 months to get a food trademark. The trademarking process for food names is a legal process that takes about a year.

When Should You Trademark Food Names?

Most authorities agree that you should trademark food names as early as possible. Ideally, you should trademark a food name as soon as you have settled on it and before your food product is offered for sale.

Getting trademark protection for your food name as quickly as possible is crucial to prevent other companies from copying. The trademarking process typically takes more than 12 months and starting early means that your food name will have maximum protection against imitators and knock-offs.

Also, the U.S. Patent and Trademark Office (USPTO) will let you trademark your food name up to three years before your food product is even released.

Simply put, the sooner you file your trademark application, the better.

4. REQUIREMENTS FOR FOOD TRADEMARK PROTECTION

A trademark is only eligible for trademark protection when specific trademark requirements are met. There are two trademark requirements, and you must meet them to qualify for trademark protection. There are two basic requirements for trademark protection:

(1) the mark must be distinctive

(2) the mark must be in use

Read our guide to requirements for trademark protection.

What are the Requirements to Trademark a Food Name?

For a food to be eligible for trademark protection, it must be distinctive and not confusingly similar to any other existing trademarks. The food name must also be in use in commerce. Read how to pick a distinctive trademark below.

5. HOW TO TRADEMARK FOOD NAMES

Where Do You Trademark Food Names?

You trademark a food name by applying to the U.S. Patent and Trademark Office (USPTO) in Washington DC and getting your application approved for registration.

How to Get a Trademark for The Name of a Food Product

Registering a trademark, including a food trademark, is not an automatic process. To qualify for trademark protection, a food name must be able to meet certain requirements. Also, you need to file an application with the U.S. Patent and Trademark Office (USPTO) and successfully complete the application process. But once you have it, you‘ll have peace of mind knowing that your products are protected.

Here’s how to start the process of trademarking a food name:

(1) Choose a unique food name and logo. Read more about how to pick a strong trademark here.

(2) Check whether your food name is available. Read more about how to search trademarks to find out if anyone else has registered or applied to register your food product name.

(3) Collect the required information and decide on a trademarking strategy. Many strategic decisions go into a high-quality application.

(4) Prepare and file your new application (correctly) with the U.S. Patent and Trademark Office (USPTO).

(5) Work with the USPTO examiner and navigate the USPTO application review process.

(6) Use the correct trademark symbol with your food name and logo. Read more about trademark symbols here.

The USPTO will grant your application and add your trademark to the list of Federal (registered) trademarks IF your application meets all of the requirements of the Federal Trademark Statute. If the USPTO does not initially grant your application (which happens over 80% of the time), you would need to respond to the reasons for the rejection.

6. CHOOSING STRONG FOOD TRADEMARKS

How to Choose a Distinctive Name For Your Food Product

When choosing a food trademark, it is important to select something that is not already in use by another company. It is also important to select a mark that is distinctive and easy to remember. A good food trademark should be able to identify the source of the product without being descriptive of the product itself.

Make sure not already in use: Before applying for a trademark, you’ll need to make sure that the name isn’t already being used by someone else. To do this, you can search the USPTO’s database of registered trademarks. Read about trademark searching below.

7. SEARCHING FOOD TRADEMARKS

Why You Should Do a Trademark Search for Your Food Product Name

You should do a trademark search for your food name for several reasons.

(1) You should do a trademark search for your food name because it can help you avoid picking a name that someone else has already trademarked and is already taken. If you use a food name that is already trademarked and in use, you might be charged with infringing someone else’s trademark.

(2) You should do a trademark search for your food name because it can ensure that you will not be forced to rebrand in the future. No one wants to receive a cease and desist letter from another business.

(3) You should do a trademark search for your food name because it will help you pick a name that you can own and protect with a trademark. If you use a food name that other companies are using, you won’t be able to trademark it for yourself. You won’t legally own it and won’t be able to stop anyone from copying the food name.

Your food name will function as a trademark, which identifies the source of your food product and distinguishes it from the competition. It is critical that the name of your food product is unique and that no one else is using it. A trademark name search is the only way to ensure that your food name is unique and protectable.

How To Do a Trademark Search for Food Name Trademarks?

To check if someone has already trademarked a food name, you can search the USPTO’s trademark database. Go to the USPTO’s Trademark Electronic Search System (TESS) and choose a search option. You can use the “Basic Word Mark Search” option to search a name or phrase. You will need to use the “Word and/or Design Mark Search” option to search a logo, graphic, or design.

1. Go to the USPTO’s Trademark Electronic Search System (TESS) available on the USPTO website at www.uspto.gov.

2. Select a search option. If you are checking if a food name is trademarked, you can use the “Basic Word Mark Search” option.

3. Enter your food name into the search field to search the USPTO’s trademark database.

You can check if a food name is already trademarked by searching the U.S. Patent and Trademark Office’s (USPTO) trademark database.

Caution: The USPTO will reject your trademark application if there is “a “likelihood of confusion” with another registered mark. So, it is a good idea to search for exact matches and any trademarks close to yours using variations of your trademark (e.g., different spellings, abbreviations, and plurals).

TAKE THE NEXT STEP

Take next step toward LEGALLY owning your food trademark and brand!

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your food name, logo, and brand, we invite you to book a FREE brand protection strategy session with us here.

Michael Kondoudis

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).

www.mekiplaw.com

How to Trademark a Product Name: The ULTIMATE GUIDE

June 27, 2022 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

This is our ultimate guide to how to trademark a product name.

Most business owners and entrepreneurs know the importance of product names. But how do you legally protect the name of product? That’s where trademarks come in.

If you want to quickly:

Understand the basics of trademarking a product name
Learn why you need to trademark the name of your product
Discover the advantages of trademarking product names
Identify risks of not trademarking a product name
How to trademark the name of your product
Figure out when to trademark your product name
Start a plan to legally protect your product name

Then this guide is for you.

Let’s get started.

PART I: THE BASICS OF TRADEMARKS FOR PRODUCTS

In this section, we’ll go over the basics of trademarks and how they protect product names.

The best way to legally protect the name of a product is to trademark it. Trademarks protect names, including the names of products. With a trademark, you can legally protect the name used to identify your product. Trademarking your product name is official confirmation that you legally own it. Trademarking your product name will give you exclusive rights to use it and prevent others from using the same or similar name in your industry. Trademarking the name of your product is the best way to protect it.

What is a trademark?

A trademark is a distinctive word, symbol, or phrase that identifies products from one enterprise and distinguishes them from products from the competition. Trademarks protect names, especially the names of products. Buyers use trademarks to pick among brands of products.

Where do you get a trademark for your product name?

You get a product trademark from the U.S. Patent and Trademark Office (USPTO). To get a trademark for your product name, you need to apply to the USPTO and then navigate an examination process. Product trademarks are granted by the USPTO.

What kinds of product names can be trademarked?

The most common product trademarks are words (names), phrases, logos, and designs. Examples include abbreviations and unique names, like these:

PART II: WHY YOU NEED TO TRADEMARK THE NAMES OF YOUR PRODUCTS

In this section, we’ll explore the reasons why trademarking product names is so important, the advantages of trademarking a product name, the risks of not trademarking your product name.

Product names, like all trademarks, represent brands. They help customers find the products that they like and distinguish them from the competition. After all, your product name is how most customers will identify and remember your products. That’s why trademarking a name, including trademarking a product name, is so important and why you want to ensure that your product name is protected.

Top Six Reasons to Trademark a Product Name

Trademarking is a powerful tool to stop unauthorized use of your product name by copycats. Here are the top six reasons why:

1. Exclusivity. Trademarking your product name gives you the exclusive right to use it. Typically, only one business can use a product name in an industry, and it is usually the one that trademarks the product name first.

2. Legal Ownership. When you trademark a product name, no one else in your industry can register it, take it from you, and force you to rebrand. Here again, typically only one business can own a product name in an industry, and it is usually the one that trademarks the product name first.

3. Distinctiveness. A trademark for the name of your product helps distinguish your product from others on the market, which means that buyer loyalty for your high-quality product flows to you.

4. Cost-Savings over time. Trademarking your product name comes with important legal rights and presumptions that make enforcing your ownership rights less expensive if someone else tries to use your product name without permission.

5. Deterrence. When you trademark your product name, you can use the ® symbol with it. This can deter would-be copycats from trying to use your product name and can help you enforce your rights if someone uses your product name without permission.

6. Value. Having a registered trademark for your product name can also make it easier to sell or license it because potential buyers or licensees will know that they can use the name without the risk of infringing on someone else’s rights.

These are important advantages that can help a forward-thinking business.

Top Four Risks of Not Trademarking A Product Name

Choosing not to trademark a unique product name can have serious consequences. Here are the top four risks you face when you don’t trademark your product name.

1. Risk of a rebrand. If someone else trademarks your product name first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand.

2. No exclusivity. Other businesses may use your product name and you won’t be able to stop them. As a result, imitators can benefit from your product’s goodwill, and you name may become worthless if too many companies use your name.

3. Lost sales due to confusion. Your business could suffer from a loss of revenue if customers confuse your product with one sold under a similar same.

4. Higher costs in the long run. You will likely have to spend more on monitoring and enforcing your product name trademark if it is not registered.

These are just some of the risks that you avoid when you trademark a product name.

Do you need help with your trademark?

PART III: HOW TO TRADEMARK A PRODUCT NAME

In this section, we’ll walk through the seven key steps to trademarking a product name.

Trademarking a name, especially a product name, involves federal law and legal procedures. Plus, every path to trademark registration is different. Still, every successful trademark for a product name involves the same seven steps.

Here are the seven essential steps to trademark a product name:

Choose a Unique and Protectable Brand Name for Your Product
Hire a Trademark Attorney for Your Product Name Trademark
Perform a Trademark Search for the Name of Your Product
Collect the Required Information and Develop Your Strategy
Prepare and File a Trademark Application with the USPTO
Navigate the Trademark Examination Process
Use the ® Trademark Symbol with Your Trademarked Product Name

1. Choose a unique and protectable brand name for your product

The key to getting a federal trademark is to start with a unique and protectable name (i.e., one that is trademarkable). This name should be able to distinguish your product from other products on the market. It should also be easy for customers to remember and pronounce.

Beware: Trademarks are not created equal. There are different kinds, and some are more effective and easier to protect than others.

The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands.

Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotectable, meaning anyone can use them.

How do you select a product name that is unique and protectable?

To ensure uniqueness, avoid names that are too similar to existing trademarks. (More about that in step #2)

To ensure protectability, the best option is to invent a word or phrase or get creative with spellings. (think: EXXON for oil or LYFT for ride-sharing). Another option, if you’re looking to trademark a product name, is to use words that are unrelated to your product. (think: Apple for computers or Amazon for online retail).

A third option if you’re looking to trademark a product name, is to brainstorm terms and phrases that suggest features, aspects, ingredients, or results of your product. (think: SNUGGLE for dryer sheets or IRISH SPRING for soap).

Lastly, if you’re looking to trademark a product name, try to avoid using descriptive or generic names or terms. These product names are difficult to trademark and tend not to be unique by their very nature. (think: “speedy” for delivery services or “sweet” for candy).

If you aren’t sure whether your mark is protectable (i.e., strong), you may be better off consulting an experienced trademark attorney. In any event, knowing the kinds of trademarks is very important. Otherwise, you could be wasting your time and money.

2. Hire a trademark attorney for your product trademark

Working with an experienced trademark attorney often makes the difference between success and failure when it comes to trademark registration. Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their product names. That makes hiring a trademark attorney an excellent investment, regardless of whether you have previously trademarked a name or this is your first time going through the registration process to trademark a name.

Why?

Trademark attorneys are skilled in navigating the trademarking process, a federal legal proceeding involving an agency of the Federal government. Trademarking a product name is complex and requires a working knowledge of federal trademark law and the U.S. Patent and Trademark Office’s rules and regulations. Trademark lawyers understand the process, the pitfalls, and strategies that can help register your product name. Also, a trademark attorney can (1) help decide what to search for and (2) correctly interpret your search results. Trademarks do not need to be identical to conflict!

Every application starts a Federal legal proceeding involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

The USPTO recommends hiring a trademark attorney!

The U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:

“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”

www.uspto.gov

There are several reasons why the U.S. Patent and Trademark Office (USPTO) recommends hiring a private attorney. First, an attorney is familiar with the USPTO’s procedures and can ensure that the application is filed correctly. Second, an attorney can help search for existing trademarks to avoid potential conflicts. Third, if there are any objections to the application, an attorney can represent the applicant in proceedings before the USPTO.

Beware: Not all trademark applications result in trademark registrations. The USPTO severely limits the changes you can make to an application after it is filed. So, mistakes during submission can quickly sink an application.

3. Perform a trademark search for the name of your product.

Before you can trademark your product name, you need to ensure that it’s not already been trademarked by another business. You can do this by conducting a trademark search for your brand name. This search will help you find out if any similar or identical trademarks are already registered.

This is a crucial step in the trademark registration process.

Why?

First, you want to make sure that your trademark is not already in use by someone else. Second, searching through existing trademarks can give you a better understanding of what is already out there and help you develop a more unique and original trademark for your business. Finally, if you do not search for similar trademarks before filing your application, you risk having your application denied or your trademark being declared invalid.

Additionally, if you have already started using your trademark in commerce, it is important to search to make sure that you are not infringing on someone else’s intellectual property. If you infringe, you could face legal action and be forced to stop using your trademark.

THE USPTO’S TESS SYSTEM

The objective here is to ensure that your product name is not similar or easily confused with someone else’s mark. This, in turn, can help you avoid any potential legal issues down the road and help you to ensure that your trademark is protectable and unique.

Beware: These searches aren’t as straightforward as inputting your product name and hitting search. Exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark. So, too, are misspellings, similar-sounding words and spellings, and foreign translations.

For all of these reasons (and others), it’s usually best to have an attorney run your trademark search.

4. Collect Information and Decide on a Trademarking Strategy

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a federal registration for your product name, you start a federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls. Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start – without you even knowing it. So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide:

what is the best format for your mark – is a composite mark better than standard characters? Will you need a “drawing”?;
which products/services you should include in your application and which ones should be excluded; and
what is the correct filing basis for their application?

If you don’t understand the legal consequences of each of these options, you’re very likely to get one or more of them wrong, which will impact your brand protection.

Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

5. File a Trademark Application for Your Product Name

After you’ve had a trademark search performed and are confident that your product name is available, the next step is to prepare and file a trademark application with the USPTO.

Note: You will need to verify your identity and have a USPTO.gov account.

You will need to provide the USPTO with precise information, including:

The legal owner and user of the product name
The legal use basis for your trademark application
The products and services with which the product name is used (or will be used)
Proper legal evidence of your use of the product name (not every use qualifies)

Mistakes in this step are among the top reasons that the USPTO rejects trademark applications. Also, the USPTO severely limits changes to applications after they are filed. As a result, many mistakes cannot be corrected – even some spelling errors.

6. Navigate the application process at the USPTO

The USPTO will review your trademark application to make sure it meets all the requirements for registration. They will also examine your product name to determine if it is similar or could be confused with an existing trademark. This examination process can take several months, so it is important to ensure that there are no mistakes in your application.

Beware: The USPTO has, for many years, a perpetual backlog of applications. This means that it will be several months before a trademark examiner looks at your trademark and examines it. The current backlog is over six months, and the entire trademarking process takes about 12 months on average to complete.

Working with a trademark attorney can help ensure that your application is complete and correctly filed, to avoid further delays. – mention strategic calls here

7. Use the ® Trademark Symbol with Your Trademarked Product Name

Using a trademark symbol is an important signal to consumers (and the competition) that your product name represents your brand.

There are three trademark symbols. They are:

the letters TM
the letters SM, and
the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services like legal services).

The ® is a trademark symbol for Federal trademarks (trademarks or service marks registered with the U.S. Patent and Trademark Office). The ® trademark symbol is reserved for federal trademarks only – after you have a federal trademark registration.

PART IV: WHEN TO TRADEMARK A PRODUCT NAME

In this section, we’ll explore when you should trademark your product name. Waiting too long can have serious consequences.

Most authorities agree that in most situations, it is best to file new trademark applications early – even before a business begins selling or marketing a product.

Why?

Firstly, the trademarking process can more than 12 months in most cases. So, the sooner you start, the sooner you can legally own your product name. Plus, starting early will reduce the time your product in on the market without full trademark protection.

Secondly, starting early maximizes the chances that you will own the trademark for your product name. If a competitor files for the same or a similar name, the U.S Patent and Trademark Office may reject your trademarks. Thousands of new applications are filed every day, so waiting for as little as a few weeks can become a risk.

If you have a unique product name, you should file for a product trademark as soon as possible. Filing for your trademark is the easiest way to avoid costly legal battles over ownership of your product name.

So, the answers to the questions “when should I trademark my product name” or “when should I trademark the name of my product” are the same. You should trademark a product name as soon as possible.

PART V: HOW TO PROTECT THE NAME OF A PRODUCT

Trademarks protect product names and are important. But, trademarks are just part of the plan. Here’s the rest.

A unique product name is a valuable asset. Think about it. There is something about CHICKEN MCNUGGETS, a CHEVY CORVETTE, or a SONY PS5, for example. Product names matter. Here’s how to protect them.

1. Register your product trademarks: Trademarking product names leads to legal ownership and brand security. Plus, a trademark owner is in a much better position to enforce trademark rights.

2. Consider subscribing to a trademark watch service: A trademark owner can’t monitor and track every infringing use. Trademark watch services allow the trademark owner to monitor relevant markets and Internet content for possible infringing activity. Consider designating outside counsel to review these reports as they come in. By working with a watch service, owners can be notified of infringing activity sooner rather than later and can take swift action as these issues arise.

3. Immediately notify infringers of infringing activity: When infringing activity is detected, brand owners should report this infringement to the infringer and the platform/outlet where the infringement took place. Many of these entities do not want to be liable for any contributory infringement, so they have mechanisms in place to remove infringing content once they become aware of it.

4. Use your trademarks correctly and with the correct trademark symbol: Using a trademark symbol conditions customers to recognize your brand names and logos and to start associating them with your business.

PART VI: FAQS ABOUT TRADEMARKING PRODUCT NAMES

1. Can product names be trademarks?

Yes. Business names, product names, logos, and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. You should register your product name trademark with the U.S. Patent and Trademark Office (USPTO) for the most protection.

2. Does a trademark protect a product name?

Yes. A trademark typically protects brand names and logos used on goods and services.

3. Do I copyright or trademark my brand name?

You trademark brand names, like the names of products. Copyright laws protect original artistic/creative work. Trademark laws protect items that distinguish or identify a particular business or its products or services from the competition.

4. How do I trademark a product name?

To trademark a product name, you’ll need to file a trademark application with the USPTO. The application will require you to provide information about your product, as well as the proposed mark. Once the application is filed, it will be reviewed by an examining attorney to ensure that it meets all the legal requirements for registration. If it does, the mark will be published in the Official Gazette, and anyone who believes they would be harmed by the registration of the mark will have an opportunity to file an opposition. If no one files an opposition, or if the opposition is unsuccessful, your mark will be registered and you’ll be able to use it to brand your product.

5. What are the benefits of trademarking a product name?

There are several benefits to trademarking a product name, including:

It can help you establish and protect your brand identity.
It can help you distinguish your products from those of your competitors.
It can help you build customer loyalty and goodwill.
It can give you legal recourse if someone else uses your product name without permission.
It can help you avoid costly disputes down the road.

Michael Kondoudis

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).

www.mekiplaw.com

How To Trademark a Restaurant Name: An EASY GUIDE

January 16, 2022 by Michael Kondoudis

If you want to trademark your restaurant’s name but aren’t sure how to begin, just follow our five steps to restaurant trademark protection.

By Michael Kondoudis, Restaurant Trademark Attorney

This is our ultimate guide to registering a restaurant trademark.

Building a restaurant brand takes hard work, dedication, and investment. That is what makes your restaurant’s name so valuable.

But how do you safeguard this valuable asset? How do you protect a restaurant name and brand?

That’s where trademarks come in.

In this ultimate guide, we discuss protecting a restaurant brand with trademarks and answer important questions about trademarking a restaurant name. In fact, this is the information that we use to register restaurant trademarks for our clients.

So, if you’re ready to learn about restaurant trademarks, and how they can help protect a restaurant brand, this guide is for you.

Let’s dive in!

Trademark reg. no. 6,378,403 secured by The Law Office of Michael E. Kondoudis for Capitol City Brewing Company

Contents

Part I: HOW TO PROTECT A RESTAURANT NAME

How do you protect a restaurant name?
Protecting a restaurant name and logo Infographic
What is restaurant branding?
What is a restaurant trademark?
Do restaurants have trademarks?

Part II: HOW TRADEMARKS PROTECT RESTAURANTS

Do restaurants need trademarks?
How does a trademark protect a restaurant name?
Why should you trademark a restaurant name?

Part III: HOW TO TRADEMARK A RESTAURANT

Which parts of a restaurant brand can you trademark?
How long does it take to get a restaurant trademark?
When should you trademark your restaurant name?
How do you trademark a restaurant name?
The trademark class for restaurants

Part IV: RESTAURANT TRADEMARK SEARCHING

Why should you conduct a trademark search?
How do you do a trademark search?
How do you look up trademarks for restaurant names?

Part V: TIPS TO GET THE BEST RESTAURANT TRADEMARK

Part VI: DO YOU NEED TO WORK WITH A TRADEMARK ATTORNEY

Do you need a trademark attorney?
Reasons why you should consult with a trademark attorney

PART VII: FREQUENTLY ASKED QUESTIONS

How do you search for trademarked restaurant names?
Do you need an attorney to trademark a restaurant name?

I. How to Protect a Restaurant Name

How Do You Protect a Restaurant Name?

The best way to protect a restaurant name is to trademark the name (and any logo you might use to promote your restaurant). Trademarks protect brands, including restaurant brands. Trademarking your restaurant name is the most effective way to protect it because a trademark prevents competitors from using the same or similar name.

Also, when you trademark a restaurant name, you confirm your legal ownership of it, as well as your exclusive rights to it.

Can you legally protect your restaurant name?

Yes, you can legally protect your restaurant name with a trademark. Trademarking your Restaurant Name is official confirmation from the U.S. Government that you legally own it. Legal ownership of your restaurant name ensures name recognition and helps create a unique and recognizable brand.

Can you trademark a restaurant name?

The answer is YES. You can trademark a restaurant name, and many names of restaurants are trademarked! Trademarking the name of your restaurant (or bar) is the most effective way to protect it and the brand identity you’re building.

How do I protect my restaurant name?

You protect your restaurant name by trademarking it. Trademarking a restaurant is the best way to protect it. A restaurant trademark will protect your restaurant name and logo throughout the U.S. and ensure that they remain exclusively yours to use. Restaurants are prime candidates for trademark protection.

You trademark a restaurant name by submitting an application to the U.S. Patent and Trademark Office (USPTO). To qualify for a U.S. trademark for your restaurant’s name, you will need to show that no one else has already trademarked it and that you are using it in commerce.

Protecting A Restaurant Name and Logo

(click to download)

What is Restaurant Branding?

A restaurant brand is what your restaurant is all about. Restaurant brands are how your patrons and customers will remember you. The best restaurant branding:

• expresses your restaurant’s identity and personality
• creates an emotional connection with patrons and guests
• invites new guests to your brand through marketing

What is a Restaurant Trademark?

A restaurant trademark is a badge of origin that tells your customers that your restaurant services come from you and not your competitors.

A trademark can be any word, phrase, symbol, or design that identifies you as the source of your products or services. Brand names, slogans, and logos are all examples of trademarks.

A restaurant trademark:

• Confirms your legal ownership of your restaurant name
• Identifies you as the source of your restaurant services
• Prevents anyone else from trademarking the same or similar restaurant name for their business
• Is a strong tool to stop copycats and keep your restaurant name uniquely yours.

Trademarks prevent consumer confusion by ensuring that other restaurants and restaurant-related businesses do not use the same or similar name or symbol.

What is a federal trademark?

A Federal trademark is an enhanced trademark that has been certified by the U.S. government. It comes with exclusive nationwide legal rights.

A federally registered trademark, such as “Panera” or “McDonald’s,” is one that has been approved by the US Patent and Trademark Office (USPTO), and is often indicated with the ® trademark symbol.

Do Restaurants Have Trademarks?

Yes, restaurants have trademarks.

The name of your restaurant serves as a trademark.

The logo that you use to promote your restaurant serves as a trademark.

The slogan that you use to promote your restaurant serves as a trademark.

The names of your food and beverage items serve as trademarks, so long as they are unique.

II. How Trademarks Protect Restaurants

Do Restaurants Need Trademarks?

Yes, restaurants need trademarks. Whether you’re opening a new restaurant or already own one, you need to register your trademark with the United States Patent and Trademark Office (USPTO). You can ensure that your restaurant name, logo, slogan, and brand stay yours with a trademark. Without a trademark, anyone can copy your restaurant name, concept, and brand. These are just some of the reasons you need a trademark for your restaurant.

Stop Worrying About Your Trademark

Schedule a Free Strategy Call

See How My Law Firm Can Help You Protect Your Trademark

New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

How Does a Trademark Protect a Restaurant Name?

Trademarking a restaurant name protects it in four ways:

1. A trademark will help prevent any other restaurant from using your restaurant name. This is an essential step in building your restaurant brand.

2. Also, trademarking a restaurant name confirms YOUR legal ownership of it and how it is used. This means that no one can take it from you, and no one will be able to force you to rebrand.

3. Plus, trademarking your restaurant name prevents anyone else from registering it for their restaurant. This makes trademarking great insurance against having to rebrand.

4. Lastly, trademarks are essential for restaurants looking to franchise or open additional locations.

Remember: If you don’t trademark your restaurant name, you won’t have exclusive rights. Other restaurants could use your name and logo or ones that are really close.

Is trademarking important for a restaurant with just one location?

Yes. Restaurants with a single location are less likely to survive a forced rebrand if someone else registers their name or logo and takes it. This can and does happen. Plus, most regional and national restaurant chains started with a single location. Trademarking a restaurant name becomes very important for expansion into multiple locations or franchising.

Why Should You Trademark a Restaurant Name?

A restaurant trademark helps create a unique and recognizable brand and increases customer awareness. A restaurant trademark ensures that your restaurant trademark stays yours. A restaurant trademark prevents anyone else from trademarking the same or similar name for their restaurant. A restaurant trademark helps avoid future legal disputes, which can be costly.

III. How To Trademark A Restaurant

Which Parts of a Restaurant Brand Can You Trademark?

Several parts of a restaurant brand are eligible for trademark protection. You can trademark your restaurant name, product names, a logo, and any slogan you use to promote your foodservice business. Examples of restaurant trademarks are:

Brand Names

Product Names

Slogans

McDonald’s

Big Mac

I’m Lovin’ It

• Brand names like McDonald’s

• Product names like Big Mac

• Slogans like I’m Lovin’ It

• Logos like the Golden Arches

How Long Does It Take to Get a Restaurant Trademark?

It takes between 8-12 months to get a restaurant trademark, in most cases. The trademarking process for restaurant names is a legal process that takes about a year. The first step is applying to the USPTO, where an examining attorney examines whether your restaurant’s name qualifies for registration. Your restaurant name may not qualify if another restaurant is already using it or has registered it. If the application qualifies, it will be “published for opposition” for 30 days to give potential opponents a chance to oppose.

When Should You Trademark a Restaurant Name?

Most authorities agree that the best time to trademark a restaurant name is BEFORE opening.

The US is one of the few countries that allow you to protect your restaurant’s trademarks before you begin using them. Trademarking restaurant names BEFORE opening is an opportunity to:

• reserve a restaurant name and avoid having to change your name later

• confirm that your restaurant name does not infringe on another restaurant with a registered trademark

• complete an important branding task before operations begin.

If your restaurant is already open for business, you should start the process to trademark a restaurant name as soon as possible. If you don’t trademark your restaurant name, someone else could trademark it and force you to rebrand and start all over. Plus, the trademarking process can take about a year, so if you find a copycat, you could have to wait almost 12 months to stop them. When it comes to restaurant trademarks, sooner is better.

How To Trademark a Restaurant?

You trademark a restaurant name by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking a restaurant name is a legal process that usually takes about 12 months. So, the sooner you start the process to trademark a restaurant name, the better.

How to Trademark a Restaurant Name in 5 Steps

Want to trademark your restaurant name but aren’t sure how to begin? Here are 5 steps to trademark your restaurant’s name.

(1) Pick a unique name for your restaurant.

(2) Do a trademark search for your restaurant name.

Find out if anyone else has registered your restaurant name (or anything close) by searching the USPTO’s database of all registered and pending trademarks (more on that below).

(3) Prepare your restaurant trademark application.

Collect the required information and build a brand protection strategy for your restaurant trademark.

(4) Complete and file your restaurant trademark application with the U.S. Patent and Trademark Office (USPTO).

You can file your restaurant trademark application online using the USPTO’s Trademark Electronic Application System (TEAS). Read our Complete Guide to TEAS Plus here.

(5) Monitor the progress of your restaurant trademark application.

Navigate the trademark examination process and work with the trademark examiner.

The USPTO will add your restaurant trademark to the list of Federal (registered) trademarks IF your application satisfies all of the requirements of the Federal Trademark Statute.

What is the Trademark Class for Restaurants?

The USPTO categorizes all products and services into 45 separate classes. The trademark class for restaurants is International Class 43. Class 43 is for Restaurant and Hotel Services and includes restaurant-related products and services. And, because the trademark class for a restaurant name is Class 43, an application to register a restaurant name should be filed in that trademark class.

IV. Restaurant Trademark Searching

Why Should You Conduct a Trademark Search for Your Restaurant’s Name?

You should do a trademark search for your restaurant’s name for several reasons.

(1) You should do a trademark search for your restaurant’s name because it can help you avoid picking a name that someone else has already trademarked and is already taken. If you use a restaurant name that is already trademarked and in use, you might be charged with infringing someone else’s trademark.

(2) You should do a trademark search for your restaurant’s name because it can ensure that you will not be forced to rebrand in the future. No one wants to receive a cease and desist letter from another business after investing money in signs, menus, websites, and advertising.

(3) You should do a trademark search for your restaurant’s name because it will help you pick a name for your restaurant that you can own and protect with a trademark. If you use a restaurant name that other restaurants are using, you won’t be able to trademark it for yourself. You won’t legally own it and won’t be able to stop anyone from copying the restaurant name.

When starting a new restaurant, it is important to ensure that your restaurant name is unique and that no one else is already using it. Otherwise, you risk costly litigation and potentially having to rebrand, which can be financially devastating.

Your restaurant’s name will function as a trademark, which identifies the source of your restaurant’s service and distinguishes it from the competition. It is critical that the name of your restaurant is unique and that no one else is using it. A restaurant trademark name search is the only way to ensure that your restaurant name is unique and protectable.

Stop Worrying About Your Trademark

Schedule a Free Strategy Call

See How My Law Firm Can Help You Protect Your Trademark

New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

How Do You Do a Trademark Search for Trademarked Restaurant Names?

The best way to do a restaurant trademark search is to follow this four-step process:

(1) search the Internet using search engines
(2) search the U.S. Patent and Trademark Office trademark database
(3) search social media
(4) search State trademark and corporation databases

1. Search Internet

This is the easiest search tool and a good place to start. A series of Google searches of the exact restaurant name you want (and similar variations) can be very effective. After all, almost all restaurants have a website. Plus, Internet search engines can find them for you, even if they are far away from your restaurant location.

2. The U.S. Patent and Trademark Office (USPTO) trademark database

The USPTO maintains a searchable online database of all registered trademarks and pending applications. The USPTO’s website allows for searching by name and class, and through it, you can investigate:

• Trademarks currently registered with the USPTO
• Trademarks that are in the application process
• Old trademarks that are no longer registered

Pro Tip: The USPTO website permits simple word searches and more targeted searches using “classes,” which are USPTO categories for products and services. It is often advantageous to include the service category for restaurant trademarks, which is Class 43 (Restaurants and Hotels) in searches. Use this search parameter to return the more relevant search reports.

3. Social media

Social media is another way to find smaller restaurant-related businesses that might already be using your restaurant name.

4. State corporation commission databases

Every state maintains an online database of all corporations, limited liability companies, partnerships formed or registered to do business in the state, including those that operate restaurants. These databases usually include DBAs and fictitious names as well. These business formation databases are usually searchable through the Secretary of State website for a state.

Pro Tip: Restaurant names do not need to match exactly to conflict. The legal standard for trademark infringement is something called “confusing similarity,” which is based on whether potential customers might mistakenly believe that two different businesses are related or affiliated. This means that:

1. a restaurant trademark search should include more than just other restaurants. ANY other company involved in food, food service, or hospitality might be relevant to your search. For this reason, be sure to search for restaurant-related businesses, such as bakeries, bars, caterers, coffee shops, food manufacturers, and maybe even grocery stores.

2. a restaurant trademark search should look for more than just exact matches to your restaurant name. For example, a restaurant named Bob’s Pizza could conflict with a business operating under the name Robert’s House of Cheeses.

How Do You Lookup Trademarks for Restaurant Names?

You can look up trademarks, including trademarks for restaurant names, on the U.S. Patent and Trademark Office’s (USPTO) website at www.uspto.gov. You can search trademark names for restaurants online using the USPTO’s Trademark Electronic Search System (TESS) on its website. This is how to search trademark names for restaurants. This is best way to check if a business name is trademarked.

The USPTO’s TESS system allows you to search for business names in:

• Trademarks that are currently registered with the USPTO

• Trademarks that are in the process of being registered

• Old trademarks that are no longer registered

IF you find your business name in (1) or (2), then there is a good chance that your business name is taken. You should investigate the trademark owner.

IF you do not find your name in (1) and (2), or only in (3), then there is a good chance that your business name is not taken.

V. Tips To Get The Best Restaurant Trademarks

If you’re a restaurant owner, you should definitely consider trademarking the name of your restaurant.

A restaurant trademark protects your restaurant’s name and logo and prevents competing restaurants from copying or using them. Also, a restaurant trademark boosts customer awareness and helps you stand out from the competition. Plus, getting a trademark for a restaurant comes with the peace of mind that you legally own your brand. So, there are many reasons that you should want to trademark a restaurant name.

Getting a restaurant trademark is not easy, however. Read on to learn about our tips for how to get the best restaurant trademark.

Tips to Get the Best Restaurant Trademark

1. Understand the Differences Between Trademarking and Copyrighting

2. Appreciate How a Restaurant Trademark is Valuable

3. Understand the Basics of How to Trademark a Restaurant Name

4. Work with a Trademark Attorney

Tip #1 Understand the Differences Between Trademarking and Copyrighting

Understanding the differences between trademarks and copyrights is important when it comes to protecting your restaurant name.

Trademarks identify and distinguish a business and its services from other companies. The best restaurant trademark is a registered Federal trademark. Registered trademarks are administered by the United States Patent and Trademark Office (USPTO) and are designated with the ® symbol.

Copyrights protect creative works like TV shows, books, photographs, and music by prohibiting others from copying them. The best copyrights are registered copyrights. Copyrights are administered by the Library of Congress. Copyrights do not protect restaurant names because restaurant names are not creative works.

Tip #2 Appreciate How a Restaurant Trademark is Valuable

When you trademark a restaurant name with the USPTO, you become the official, legal owner of your brand. No one can take it from you, and you won’t have to worry about being forced to rebrand. Also, your trademark will block applications filed by other restaurants for the same or similar trademarks.

A restaurant trademarking is even more important if you are considering expanding to multiple locations or franchising your restaurant concept.

Tip #3 Understand How to Trademark a Restaurant Name

Starting the process to trademark a restaurant name is fairly straightforward. Here are the most essential steps to start the process to trademark a restaurant name:

1. Check with the USPTO to see if your intended name is already registered or pending by performing a preliminary search for your restaurant name in the USPTO’s database of all registered and pending trademarks.

2. Identify which products and services you can protect with a trademark.

3. Make strategic decisions about whether to apply based on “actual use” or “an intent to use” and whether to seek broad or narrow protections.

4. File your application online using the USPTO’s Trademark Electronic Application System (TEAS).

5. Pay your application fee, which is currently $350 per class of products and services.

6. Follow up and monitor your application. The trademarking process can take up to a year or more. If the USPTO makes any rejections, you will have six months to respond to them.

VI. Do You Need A Trademark Lawyer

Do You Need a Trademark Attorney to Protect a Restaurant Name?

No, but the U.S. Patent and Trademark Office strongly recommends that all applicants work with a trademark attorney – for several reasons. (see below).
Remember, the trademarking process is much more than just filling out online forms (that’s the easiest part of the process). The USPTO will only grant your application after meeting all of their many legal and procedural requirements.

Need to trademark a restaurant name?

Why Should You Work With a Trademark Attorney to Protect Your Restaurant Name?

Filing a trademark application with the USPTO to register your restaurant starts a legal process that can get complicated, expensive, and confusing. Working with a trademark attorney can make the process smoother, faster, and result in better protection.

Also, studies show that working with a trademark attorney can increase your chances of successfully trademarking your brand by over 50%.

If you own a restaurant, it’s probably in your best interest to trademark your restaurant name. Filing a trademark isn’t a simple process, but the protection it affords your brand is worth your time and effort. If you do it correctly, you can secure your brand for years to come.

VII. Frequently Asked Questions

1. Why should you protect your restaurant name and brand?

Protecting your restaurant’s name is important for several reasons, including:

- Solid branding and control over your brand
- Easier expansion/franchising
- Fewer disputes over time

Solid Branding: The goal of a unique name and branding is to distinguish your brand and stand out. The legal rights that come with trademark registration mean that you can control who uses your brand and how it is used. Legally protecting your restaurant name and brand is the surest way to protect what makes your restaurant yours.

Easier Expansion Later: While this may seem hard to imagine for a brand-new restaurant business, most franchises started as a single location — and you set yourself up for growth down the line when you protect your name. When your name is protected now, it’s also protected later when you expand and open additional locations. Remember, the primary legal right that you are granting to your franchisees is the right to use your trademarks to market and sell the goods or services under your brand.

Fewer Copycats: There’s nothing more discouraging than having your ideas stolen. When you don’t take the necessary precautions to protect your Restaurant Name and Brand, you make it all too easy for someone else to steal them. The legal protections that come with trademarks tend to scare away imitators.

2. How do you protect a restaurant name and brand?

The simplest and best way to protect your Restaurant Name and Brand is to acquire nationwide rights as early as possible by trademarking them.

3. What is a trademark?

Trademarks are badges of origin. They identify and distinguish the products or services of one enterprise from those of another.

Any word, phrase, symbol, or design that identifies you as the source of your products or services can be a trademark. Brand names, slogans, and logos are all examples of trademarks.

A trademark:

- Identifies you as the source of your goods or services.
- Provides legal protection for your brand.
- Helps you guard against counterfeiting and fraud.

Read more about trademarks here.

4. Why do you want to trademark a restaurant?

Trademarks identify your business, They are how customers recognize you in the marketplace and distinguish you from your competitors, which is important to establishing a foothold in any market. They help ensure that all of your marketing is to your benefit and not to the benefit of a copycat.

Trademarking your Restaurant Name and Brand would give you the exclusive right to use it and stop others from marketing identical or similar products under the same or a confusingly similar mark. So, for example, only one company can open a Shake Shack, a Taco Bell, or a Jimmy John’s.

Additionally, Nationwide trademark protection is great insurance against have being forced to rebrand.

These protections, and others, help restaurants franchise their brands.

5. What other parts of restaurant brand can you trademark?

Several parts of a restaurant brand are eligible for trademark protection. You can trademark your restaurant name, product names, a logo, and any slogan you use to promote your business. Whether you own a restaurant, a food truck, or an online food delivery service, these brand elements are the face of your brand should be protected.

Brand Names:

McDonald’s, Domino’s Pizza, Dairy Queen, Blue Apron

Product Names:

Big Mac (McDonald’s), Blizzard (Dairy Queen), $5 foot long (Subway)

Logos:

The golden arches (McDonald’s), the red, white and blue domino (Domino’s Pizza), the DQ logo (Dairy Queen) and the blue apron (Blue Apron)

Slogan:

I’m Loving It (McDonald’s), We have the meats (Arby’s), Eat Fresh (Subway)

6. What parts of a restaurant brand cannot be trademarked?

Not everything that makes up your restaurant brand can be trademarked. Recipes cannot be trademarked, although the names of the recipe might. Business models and operating procedures also cannot be trademarked.

7. When should you trademark your restaurant?

Most authorities agree that the best time to trademark a Restaurant Name and Brand is BEFORE opening.

We are one of the few countries that allow you to protect your restaurant’s trademarks before you begin using them. Filing for registration before opening is an opportunity to:

- reserve a name and avoid having to change your name later
- confirm that your name does not infringe on another restaurant with a registered trademark
- complete an important branding task before operations begin.

8. How do I trademark a restaurant name?

Here’s how to start the process to trademark a Restaurant Name and Brand:

Select a unique name and logo. Read more about how to pick a strong trademark here.
Check whether anyone else has registered or applied to register the name and logo
Collect the required information and decide on a trademarking strategy
Prepare and file your new application (correctly) with the U.S. Patent and Trademark Office, or “USPTO,” for short.
Navigate the USPTO application review process, which takes several months.
Use the correct trademark symbol with your channel name. Read more about trademark symbols here.

9. Can you copyright a restaurant name?

No. You cannot copyright a restaurant name. You can trademark it, however.

Copyrights protect creative works like books, films, or artwork, and prohibits copying without permission. Since restaurant names aren’t creative works, you don’t need to worry about knowing how to copyright your restaurant’s name. Instead, you need to register your trademark with the United States Patent and Trademark Office (USPTO) as soon as possible to set the table for success.

10. Do you trademark or copyright a restaurant name?

You trademark restaurant’s name. The name for your restaurant serves as a trademark, which identifies the source of a service, including restaurant services, and distinguishes them from those provided by others.

Take the Next Step and Legally

Own Your Trademark

Schedule a Free Strategy Call

Take the Next Step Legally Own Your Trademark

Request a Free Strategy Call

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Michael Kondoudis

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).

www.mekiplaw.com

How to Trademark a Product Name: The ULTIMATE GUIDE

September 21, 2020 by Michael Kondoudis

If you are selling your own product, you need to know how and when to trademark your product name to make sure that you legally own it and no one can take it from you.

By Michael Kondoudis, Small Business Trademark Attorney

This is our ultimate guide to how to trademark a product name.

Most business owners and entrepreneurs know the importance of product names. But how do you legally protect the name of a product?

That’s where trademarks come in. In fact, this is some of the same information that we use to get trademarks for our clients.

CONTENTS

I. THE BASICS OF TRADEMARKS FOR PRODUCTS

II. WHY YOU NEED TO TRADEMARK THE NAMES OF PRODUCTS

III. HOW TO TRADEMARK A PRODUCT NAME

IV. WHEN TO TRADEMARK A PRODUCT NAME

V. HOW TO PROTECT A PRODUCT NAME

VI. SUMMARY OF TRADEMARKING PRODUCT NAMES

VII. FREQUENTLY ASKED QUESTIONS

1. THE BASICS OF TRADEMARKS FOR PRODUCTS

What is a trademark?

Where do you get a trademark for your product name?

What kinds of product names can be trademarked?

The most common product trademarks are words (names), phrases, logos, and designs. Examples include abbreviations and unique names, like these:

2. WHY YOU NEED TO TRADEMARK THE NAMES OF PRODUCTS

Top Six Reasons to Trademark a Product Name

Trademarking is a powerful tool to stop unauthorized use of your product name by copycats. Here are the top six reasons to trademark a product name:

1. Exclusivity

2. Legal Ownership

3. Ensure Distinctiveness

4. Cost-Savings Over Time

5. Deterrence

6. Value

3. Distinctiveness. A trademark for the name of your product helps distinguish your product from others on the market, which means that buyer loyalty for your high-quality product flows to you.

These are important advantages that can help a forward-thinking business.

Top Four Risks of Not Trademarking A Product Name

Choosing not to trademark a unique product name can have serious consequences. Here are the top four risks you face when you don’t trademark your product name.

1. Risk of a rebrand. If someone else trademarks your product name first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand.

3. Lost sales due to confusion. Your business could suffer from a loss of revenue if customers confuse your product with one sold under a similar same.

4. Higher costs in the long run. You will likely have to spend more on monitoring and enforcing your product name trademark if it is not registered.

These are just some of the risks that you avoid when you trademark a product name.

Do you need help with your trademark?

Should you trademark a product name?

Yes, you should register a trademark for the name of a product. There are many benefits that come with trademarking a product name. It gives you exclusive rights to use that name or logo. This means that other businesses cannot use it with their products. It will also prevent anyone else from registering a trademark for the name and taking it from you. Trademarking your product name can also help you build brand recognition and credibility.

3. HOW TO TRADEMARK A PRODUCT NAME

Seven steps for trademarking a product name

Choose a Unique and Protectable Brand Name for Your Product
Hire a Trademark Attorney for Your Product Name Trademark
Perform a Trademark Search for the Name of Your Product
Collect the Required Information and Develop Your Strategy
Prepare and File a Trademark Application with the USPTO
Navigate the Trademark Examination Process
Use the ® Trademark Symbol with Your Trademarked Product Name

1. Choose a unique and protectable brand name for your product

Beware: Trademarks are not created equal. There are different kinds, and some are more effective and easier to protect than others.

The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands.

Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotectable, meaning anyone can use them.

How do you select a product name that is unique and protectable?

To ensure uniqueness, avoid names that are too similar to existing trademarks. (More about that in step #2)

2. Hire a trademark attorney for your product trademark

Why?

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

The USPTO recommends hiring a trademark attorney!

The U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:

“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”

www.uspto.gov

There are several reasons why the U.S. Patent and Trademark Office (USPTO) recommends hiring a private attorney. First, an attorney is familiar with the USPTO’s procedures and can ensure that the application is filed correctly. Second, an attorney can help search for existing trademarks to avoid potential conflicts. Third, if there are any objections to the application, an attorney can represent the applicant in proceedings before the USPTO.

3. Perform a trademark search for the name of your product.

This is a crucial step in the trademark registration process.

Why?

THE USPTO’S TESS SYSTEM

For all of these reasons (and others), it’s usually best to have an attorney run your trademark search.

4. Collect Information and Decide on a Trademarking Strategy

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

For starters, you’ll need to decide:

what is the best format for your mark – is a composite mark better than standard characters? Will you need a “drawing”?;
which products/services you should include in your application and which ones should be excluded; and
what is the correct filing basis for their application?

If you don’t understand the legal consequences of each of these options, you’re very likely to get one or more of them wrong, which will impact your brand protection.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

5. File a Trademark Application for Your Product Name

After you’ve had a trademark search performed and are confident that your product name is available, the next step is to prepare and file a trademark application with the USPTO.

Note: You will need to verify your identity and have a USPTO.gov account.

You will need to provide the USPTO with precise information, including:

The legal owner and user of the product name
The legal use basis for your trademark application
The products and services with which the product name is used (or will be used)
Proper legal evidence of your use of the product name (not every use qualifies)

6. Navigate the application process at the USPTO

Working with a trademark attorney can help ensure that your application is complete and correctly filed, to avoid further delays. – mention strategic calls here

Do you need help with your trademark?

7. Use the ® Trademark Symbol with Your Trademarked Product Name

Using a trademark symbol is an important signal to consumers (and the competition) that your product name represents your brand.

There are three trademark symbols. They are:

the letters TM
the letters SM, and
the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services like legal services).

Select a strong, protectable name.

The key to getting a Federal trademark is to first select a name that’s a strong trademark.

Trademarks are not created equally. There are different kinds, and some are more effective and easier to protect than others.

The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands.

Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotectable, meaning anyone can use them.

Start by trying to include an invented word (Exxon^®). If that does not work, then …
Try to use a word that has no association with your products or services (Amazon^®). If that does not work, then …
Try words that allude to your products and services (Netflix^®).
Always try to avoid away from using only words that:

- are generic for a product or service;
- are often used in business or industry;
- only describe characteristics and features; or
- are already part of everyday speech.

If you don’t know whether your mark is arbitrary (strong) or descriptive (weaker), you may be better off consulting an experienced trademark attorney. In any event, knowing the kinds of trademarks is very important. Otherwise, you could be wasting your time and money.

Check the availability with a trademark search for similar marks.

The next step is to determine if your product name has been trademarked by anyone else. This is because a lot of logos are already trademarked. So, you may want to run a trademark search of the Federal trademark database to find exact and close matches. It can also be useful to conduct Internet searches.

These searches aren’t as straightforward as inputting your product name and hitting search. Exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark. So, too, are misspellings, similar-sounding words and spellings, and foreign translations.

The objective here is to make sure that your product name is not similar or easily confused with someone else’s mark.

For all of these reasons, and others, it’s usually best to have an attorney run your trademark search.

Collect your information and decide on a strategy for your Federal trademark application.

Applying for a Federal trademark is more than just filling out online forms. That is the easiest part of the process.

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a Federal trademark, you start a Federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls. Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start – without you even knowing it. So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide:

what is the best format for your mark – is a composite mark better than standard characters? Will you need a “drawing”?;
which products/services you should include in your application and which ones should be excluded; and
what is the correct filing basis for their application?

If you don’t understand the legal consequences of each of these options, you’re very likely going to get one or more of them wrong, which will impact your brand protection.

Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC, for example. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

Prepare and file your trademark application with the United States Patent and Trademark Office (correctly).

Every application starts a Federal legal proceeding, involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

Here, it is important to understand that not all applications result in registrations. The USPTO severely limits the types of changes you can make to an application after it is filed. So, mistakes during submission can easily sink an application.

Read More: Why you should consider using an experienced trademark attorney.

Start using your mark and use it with the right trademark symbol.

Using a trademark symbol is an important signal to consumers (and the competition) that your logo represents your brand.

There are three trademark symbols. They are:

the letters TM
the letters SM, and
the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services such as legal services).

The ® is a trademark symbol for Federal trademarks (trademarks or service marks registered with the U.S. Patent and Trademark Office). The ® trademark symbol is reserved for Federal trademarks only – after you have a Federal trademark registration.

7. FREQUENTLY ASKED QUESTIONS

1. Can product names be trademarks?

2. Does a trademark protect a product name?

Yes. A trademark typically protects brand names and logos, including product names, when they are used on goods and with services.

3. Do you trademark or copyright a product name?

4. Does a trademark protect a product name?

Yes, a trademark protects a product name. Trademarks protect brand names and logos, including the names of products. That is why you can trademark a product name.

Trademark law protects a product name from being used by other businesses. This is to ensure that customers can easily differentiate between products and know which company created the product. If another business were to use the same product name, it could create confusion among customers and lead to them purchasing the wrong product.

5. When should you trademark a product?

You should start the process to trademark a product as soon as possible after you form your DBA, LLC, or corporation. The next best time to trademark a product name is as early as possible before you launch your product. By filing for a trademark well before launch, you can be certain that your product name is protected once you begin commercial sales. The worst time to start the trademark application is after launch because your product will be sold without full brand protection.

Ideally, the best time to think about trademarking a product is from the very beginning—ideally, when you’re choosing your business name and logo and forming your LLC, partnership, or corporation. The next best time is as soon as you decide on a product name or logo. You do not have to wait until you start selling your product! In general, it is a good idea to trademark a product before it goes on sale to the public, as this will give you the greatest level of protection against infringement.

If you are unsure of whether you should trademark your product, you can always consult with an experienced trademark attorney who can help you assess your situation and make the best decision for your business.

6. How do I trademark a product name?

7. What are the benefits of trademarking a product name?

There are several benefits to trademarking a product name, including:

It can help you establish and protect your brand identity.
It can help you distinguish your products from those of your competitors.
It can help you build customer loyalty and goodwill.
It can give you legal recourse if someone else uses your product name without permission.
It can help you avoid costly disputes down the road.

TAKE THE NEXT STEP

The next step toward LEGALLY owning your product name?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your product name, we invite you to book a FREE brand protection strategy session with us here.

Michael Kondoudis

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).

If you want to trademark your food name but aren’t sure how to begin, just follow our five steps to food trademark protection.

→ I. About Food Trademarks

→ II. Why Trademark Food Names?

→ III. When to Trademark Food Names

→ IV. Requirements for Food Trademark Protection

→ V. How to Trademark Food Names

→ VI. Choosing Strong Food Trademarks

→ VII. Searching Food Trademarks

What is a Trademark?

What is a Food Trademark?

What is Trademarking?

What is Trademark Registration?

Can Food be Trademarked?

Can Food Names be Trademarks?

Which Parts of a Food Brand Can Be Trademarked?

Why Should You Trademark Food Names?

The Benefits of Trademarking Food Names

Top Reasons to Trademark a Food Name

1. Avoiding conflicts with other food trademarks

2. Legal ownership and exclusive use

3. Protection against copycats

4. Easier enforcement

5. Make your brand stand out

6. It protects your investment in your brand

Do You Have To Trademark A Food Name?

Do you need to trademark a food name?

How Long Does It Take to Trademark Food Names?

When Should You Trademark Food Names?

What are the Requirements to Trademark a Food Name?

Where Do You Trademark Food Names?

How to Get a Trademark for The Name of a Food Product

How to Choose a Distinctive Name For Your Food Product

Why You Should Do a Trademark Search for Your Food Product Name

How To Do a Trademark Search for Food Name Trademarks?

Take next step toward LEGALLY owning your food trademark and brand!

PART I: THE BASICS OF TRADEMARKS FOR PRODUCTS

What is a trademark?

Where do you get a trademark for your product name?

What kinds of product names can be trademarked?

PART II: WHY YOU NEED TO TRADEMARK THE NAMES OF YOUR PRODUCTS

Top Six Reasons to Trademark a Product Name

Top Four Risks of Not Trademarking A Product Name

PART III: HOW TO TRADEMARK A PRODUCT NAME

1. Choose a unique and protectable brand name for your product

2. Hire a trademark attorney for your product trademark

3. Perform a trademark search for the name of your product.

4. Collect Information and Decide on a Trademarking Strategy

5. File a Trademark Application for Your Product Name

You will need to provide the USPTO with precise information, including:

6. Navigate the application process at the USPTO

7. Use the ® Trademark Symbol with Your Trademarked Product Name

Read more: Read our guide to trademark symbols here.

PART IV: WHEN TO TRADEMARK A PRODUCT NAME

PART V: HOW TO PROTECT THE NAME OF A PRODUCT

PART VI: FAQS ABOUT TRADEMARKING PRODUCT NAMES

1. Can product names be trademarks?

2. Does a trademark protect a product name?

3. Do I copyright or trademark my brand name?

4. How do I trademark a product name?

5. What are the benefits of trademarking a product name?

If you want to trademark your restaurant’s name but aren’t sure how to begin, just follow our five steps to restaurant trademark protection.

How Do You Protect a Restaurant Name?

Can you legally protect your restaurant name?

Can you trademark a restaurant name?

How do I protect my restaurant name?

Protecting A Restaurant Name and Logo

What is Restaurant Branding?

What is a Restaurant Trademark?

What is a federal trademark?

Do Restaurants Have Trademarks?

Do Restaurants Need Trademarks?

Schedule a Free Strategy Call

See How My Law Firm Can Help You Protect Your Trademark

How Does a Trademark Protect a Restaurant Name?

Is trademarking important for a restaurant with just one location?

Why Should You Trademark a Restaurant Name?

Which Parts of a Restaurant Brand Can You Trademark?

How Long Does It Take to Get a Restaurant Trademark?

When Should You Trademark a Restaurant Name?

How To Trademark a Restaurant?