Learn. Teach. Protect.
Restaurant Trademarks
The Name You Built. The Brand We Protect
With over 1 million restaurants in the U.S. as of 2024, finding and protecting a unique identity has never been more important. Competition is fierce, and distinguishing your restaurant’s brand from others is critical to long-term success.
A federal trademark secures your exclusive rights to your restaurant’s name, logo, or tagline, helping you keep the copycats at bay. Without it, your restaurant risks being lost in the crowd or, worse, forced to rebrand due to legal disputes.
Don’t Get Lost In The Crowd
How can I help?
IP Strategy
Brand Audit
Name Brainstorm
Cease & Desist
Brand Protection
Comprehensive Searches
TM Applications
Maintenance & Renewals
Office Actions
Likelihood of Confusion
Substantive Responses
Specimen Review
Hey, I’m Taso
Intellectual property law can be overwhelming, but working with your lawyer shouldn’t be.
As someone who grew up in the restaurant industry, I understand the challenges small businesses face in protecting their hard work. I make trademark law approachable by breaking down the process and giving you the tools to make confident decisions about safeguarding your brand.
Let’s protect what makes your restaurant unique, so you can focus on creating great experiences for your customers.
FAQ
Please browse through some of the most commonly asked questions people have about trademarks.
When should I file a trademark application?
Getting the process started as early as possible will provide the most benefits. A trademark application can even be filed before you have started using the mark, as long as you have a bona fide intent to use it. This essentially allows you to reserve a mark for up to three years after allowance of the application by the USPTO.
How much does a trademark application cost?
The current government filing fee is $350 per class of goods/services. If you have multiple classes of goods and/or services within your application, the fees can start to add up, as each separate class requires an additional filing fee.
To receive a flat fee quote including legal fees, please contact me to schedule a consultation.
What can be trademarked?
A trademark is a word, name, symbol, design, sound, or combination of all of those that identifies the source of the goods and/or services.
Restaurant owners can file trademarks for their restaurant names, logos, slogans and unique menu item names.
Is my trademark guaranteed to register?
No.
The fact that a trademark application has been filed does not guarantee that it will register. Once submitted, the application is assigned to an Examining Attorney for review. The Examining Attorney will search the USPTO database of identical or similar marks in the same and similar classes to determine whether or not to allow your application. If all goes well during the Examining Attorney’s review, your application will continue on to a publication period, where anybody can oppose it if they feel they would be damaged by your registration. If there is no opposition, then it will continue on to allowance. An opposition can significantly delay you to the point where you might even consider abandoning the application. As you can see, there are a number of factors that come into play when applying for a trademark registration and having an attorney on your side to help you navigate the process can come in handy.
How long does the trademark process take?
The trademark application process can take anywhere from 10-12 months to multiple years, depending on if anything comes up during the review of your application.
Roughly 6 or 7 months after the application has been submitted, it gets assigned to an Examining Attorney at the USPTO. The Examining Attorney will review the application and search for previously filed applications and registrations that may be similar to yours. If there is an issue with the application, the Examining Attorney will issue an Office Action rejecting it, but you will have the opportunity to respond to it.
If there are no issues, or persuasive arguments were submitted changing the Examining Attorney’s mind, the trademark application would be approved for the next step, which is publication. This is a 30 day window where 3rd parties have the opportunity to challenge the mark if they feel they would be damaged by its registration.
Once the application clears the publication period with no oppositions, a trademark registration will issue a couple of months later.
Trademark Pantry
Your Go To Blog for Restaurant Trademark Tips & Resources
How Long Do Trademarks Last?
How long do trademarks last? Unlike patents and copyrights, trademarks can last indefinitely—if properly maintained. Learn about trademark renewal, expiration risks, and how to protect your brand for the long run.
What is a Merely Descriptive Trademark?
When you’re building a restaurant brand, securing a trademark is a crucial step in protecting your identity and ensuring customers associate your name with your unique offerings. But what happens when the USPTO refuses your trademark application because it’s...
Are You Ready to Protect Your Brand?
Your brand is one of your most valuable assets so let’s make sure it is protected. Whether you’re launching a new concept, expanding your business, or securing trademarks for an established restaurant, I can help. Let’s chat.