What New Restaurant Owners Need to Know About Trademarks

Opening a restaurant? Among the most important actions you should take is getting a trademark for your restaurant’s name. After all, a name is closely related to identity and among the most vital distinctions from your competitors. Bearing this in mind, here are five things new restaurant owners will need to know about trademarks.

1. Trademark your restaurant’s name prior to the emblem.

If budgetary constraints keep you from getting trademarks for both logo and name at precisely the identical time, register the trademark for the title , following up with the emblem and other graphic elements when finances allow.

Some operators assume it is okay to register the trademark for their restaurant’s name inside its emblem. Not so. Registering a symbol only protects your restaurant’s name in that special type — not in plain text. In addition, if you should alter your logo later, you would want to spend more time and money to submit a totally new trademark application.

2. Select your restaurant’s name wisely.

Avoid generic or just descriptive titles, and opt for something more distinctive. The former are far less likely than the latter to be eligible for signature approval. By way of instance, if you are opening a café, you would get a better opportunity to get a trademark for the name”Cafelicious” or”Café Society” compared to title”California Café” or”The Café.”

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3. Hire a professional.

It is well worth the money to hire a trademark attorney who will access common law trademark databases that contain data not saved by the United States Patent and Trademark Office (USPTO). By doing a regional or national search of these databases, your lawyer will be able to advise you of whether your proposed trademark is already taken. He or she’ll also tell you if it is distinctive enough to stand out from trademarks used by your prospective opponents, in addition to help you to prevent any trademark search and application drawbacks.

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4. Understand that trademark registration differs from incorporation.

Unlike what some aspiring restaurant owners presume, filing incorporation papers for a restaurant does not automatically extend some kind of trademark protection because of its title. Yes, your incorporation request will be denied if you apply to integrate your restaurant using the identical name as a institution that currently exists in your state. However an approved state incorporation petition does not provide you free and clear rights to the company name; it only prevents other companies in your state from integrating with the identical name.

5. Maintain tight control in social networking channels.

Even if you don’t intend to actively promote your restaurant through social networking, it’s vital to keep control over social networking pages which are registered with your own signature. Otherwise, clients may become confused, and yet another restaurant may co-opt your client base.


For the best results, register your restaurant’s trademarked name as the social media manage on the pages or accounts of any social networking sites (e.g., Facebook, LinkedIn, Pinterest, and Instagram) you use. If you find that another entity maintains an account along with a page that uses your signature title, reclaiming that page should not entail more than sending a letter requesting its return. But don’t take any lawful action before consulting with your lawyer.

Securing a logo for your restaurant name (and logo) can go far toward protecting the integrity of your brand, in turn boosting your own success. Maintaining the above mentioned information in mind before and following the signature procurement procedure will permit you to maximize the benefits just a signature can offer

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