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Restaurant Trademarks

News & Resources for Restaurant Owners

Trademark Pantry

a legal blog for restaurant owners

How Long Do Trademarks Last?

How Long Do Trademarks Last?

Trademarks are one of the most valuable assets a business can own. They provide legal protection for brand names, logos, slogans, and even unique product packaging. Whether you're running a restaurant, launching a new food brand, or expanding a chain, securing a...

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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...

How Do I Respond to an Office Action?

Restaurant Trademark Office Action Response – Why It Matters If you’ve received an Office Action from the United States Patent and Trademark Office (USPTO) regarding your restaurant’s trademark application, don’t panic. You are not alone. Every year, thousands of...

FAQ

Frequently Asked Questions

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.

 

How can I help?

IP Strategy

Your recipe to success. I’ll work with you to identify the unique elements of your brand—like your name, logo, or signature dishes—and develop a custom plan to safeguard it and set your business up for long-term success.

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Protect Your Brand

I’ll guide you through the trademark process—from filing your application to handling the legal details—so your restaurant’s name, logo, and identity is secured. Focus on growing your business while I help safeguard keep it unique.

Trademark Maintenance

A trademark is more than a one-time deal—it’s a long-term investment in your brand. I’ll handle renewals, filings, and updates to ensure your trademark rights stay protected year after year.

Are You Ready to Protect Your Brand?

Your brand is one of your most valuable assets. 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. Fill out the form below to get started and take the first step toward strengthening your brand!