Own your name. Protect your brand. Build your legacy.
(And avoid a costly mess later by filing once to protect your restaurant trademark now.)
What We’ll Cover
- What Is a Restaurant Trademark?
- Why Trademarks Matter for Restaurants
- The Best Time to Trademark Your Restaurant Name
- What Can Be Trademarked? (Spoiler: More Than You Think)
- Common Trademark Mistakes Restaurants Make
- The Trademark Registration Process (Step-by-Step)
- What If You Already Have a Name You Love?
- Flat-Fee Trademark Services for Restaurant Owners
- FAQs
What Is a Restaurant Trademark?
Let’s keep it simple. A trademark is how your restaurant owns its name. It’s a legal shield that protects your brand identity, i.e., your name, your logo, your slogan, your vibe, from copycats.
More formally, it’s a word, phrase, symbol, or design that distinguishes your restaurant from the thousands of others out there (many of which are popping up with eerily similar names to yours).
And guess what? Just using your name isn’t enough.
Without a federal registration, you limit your rights to a geographic area and risk using a name that might not even belong to you. This might be the case even if you’ve had the domain name, the menus, the merch, the neon sign, and the Instagram handle for years.
Why Trademarking Your Restaurant Name Matters
Your brand is your business.
It’s the first thing people remember, it’s how they tell friends about you, and it’s what sets you apart in a world of lookalike menus and copycat concepts.
Here’s why smart restaurant owners trademark their brand:
✅ Prevents others from using a similar name (intentionally or not)
✅ Adds legitimacy and value if you ever expand or franchise
✅ Gives you nationwide rights, not just your corner of the city
✅ Protects your digital assets (domains, social handles, etc.)
✅ Helps you sleep better at night knowing you actually own what you built
Imagine building your dream restaurant, putting so much time, effort and money into marketing, and then getting a cease-and-desist from another business who has already registered the name first and has been operating longer than you. Now imagine having to rebrand after already building a following. That’s a five-figure headache you don’t want.
The Best Time to Trademark Your Restaurant Name
📍 Before you open. Seriously.
Trademarks are established with actual use in commerce, but filing an application on an “intent-to-use” basis reserves your rights before you even hang the sign or hand out a menu.
Of course, if you’re already operating, don’t panic. Filing sooner rather than later protects your brand going forward. Depending on your mark’s strength and how others are using similar names, you can still leverage your rights to stop them from using yours.
I’ve seen longtime restaurant owners say, “I didn’t think it was a big deal — we’re just a small local spot” or a new business say “I’ll worry about a trademark if I’m successful and others start copying me.” Even worse, I’ve had the occasional “I know it’s a similar name to someone else, but it’ll be fine.” Then…SURPRISE! It’s definitely not fine. There are consequences with using someone else’s trademark, especially if you do so willfully.
Get ahead of the game and look into protecting your restaurant name with a federal trademark registration sooner rather than later. The process takes a bit of time, so it’s best to start as soon as possible.
What Can Be Trademarked? (Spoiler: More Than You Think)
It’s not just the name of your business.
Here’s what you can federally protect:
| Element | Can You Trademark It? | Notes |
| Restaurant Name | ✅ | Most common — but make sure it’s not “merely descriptive” |
| Logo or Design | ✅ | Visual branding |
| Slogan or Tagline | ✅ | Have a catchy slogan? File it. |
| Branded Menu Items | ✅ | Think “Frappuccino®” or “Double-Double®” |
| Packaging / Uniforms / Decor | ✅ (in some cases) | Called “trade dress” — protect the look and feel |
Not sure if something is trademarkable? That’s what a consult is for. Book a 30 minute IP Strategy Session for advice on what to protect.
Common Trademark Mistakes Restaurants Make
Let’s avoid these, shall we?
❌ You Choose a Restaurant Name That’s Already Taken
Google is not a trademark search. The USPTO database requires a deeper review of names that are not only identical, but similar to the one you are using or planning to use. With that said, even similar-sounding names can cause confusion.
❌ Thinking Local Rights Are Enough
Technically, using your name without a federal registration gives you some trademark rights, but those rights are limited. You risk losing national protection, and if a newer business registers the name before you, you’ll face serious pushback and challenges to keep your brand unique.
❌ Assuming You Can Trademark Anything
Not everything can operate as a trademark. Generic or descriptive names, like “Pizza Restaurant,” will likely be rejected. Choosing a name that is distinctive and allow for trademark protection is typically best.
❌ Filing Without Help
Online DIY services love to oversimplify the process. I’m not saying DIY never works, but if the USPTO issues an office action (and they often do), you’re left handling it alone. Hiring an attorney from the beginning will give you a head start and help you avoid the landmines associated with improperly filing an application or missing out advice at the outset when it may be easier to pivot if needed.
The Restaurant Trademark Registration Process
Here’s how it works when we do it together:
- Discovery & Strategy Call. We talk through your brand, goals, and what needs protection. If you’re just starting out, I offer services to help you search for and evaluate names.
- Comprehensive Search. I look for conflicts in the USPTO database and beyond (because not all risks are obvious). Once I complete the search, I share the results with you and we discuss your next steps.
- Filing the Application. We file the trademark application under the appropriate trademark classes and basis (use or intent-to-use) and then the waiting game begins.
- Examination. Within 7 or 8 months of submitting the trademark application, it will be assigned to an Examining Attorney at the USPTO for review. From there, it can go a few different ways. The Examining Attorney can approve it for publication or issue an Office Action if it has not been approved. There are a number of reasons an Office Action may be issued and we will go over these if that happens.
- Publication. If the Examining Attorney approves your application, it will move on to a publication period. This opens up a 30 day window for third parties to challenge it if they feel it would be damaging to their brand.
- Registration & Beyond. If no one opposes it and the USPTO approves it, your application moves forward to allowance or registration. Once registered, I will guide you on how to maintain your rights going forward.
As you can tell, it takes quite some time for a trademark application to get through the whole trademark process. That is why it is best to start the process early, preferably prior to opening, in order to avoid costly rebrands that may creep up.
What If You Already Have a Name You Love?
This happens a lot. You’ve already got the branding, the social media, the customer base.
So here’s what we do:
✅ Run a clearance search to assess risk.
✅ File an application ASAP if the name is clear.
✅ If there’s a conflict, explore options (e.g., slight rebrand, coexistence agreement).
✅ Develop a backup strategy to avoid issues down the line.
You’re not stuck, but the longer you wait, the fewer options you might have.
Flat-Fee Trademark Services for Restaurant Owners
No billable hours or surprise fees for trademark applications. I operate on flat fees, so you’ll know upfront what it costs to:
- Run a name search
- File the trademark application
- Respond to office actions if needed
- Monitor your mark post-registration
Whether you’re starting fresh or protecting an empire-in-the-making, let’s talk to see if we are a good fit to work together.
FAQs
Q: Do I need a trademark before I open my restaurant?
A: You don’t need one, but you should file one. An “intent to use” application reserves your rights before you open.
Q: Can I trademark a menu item?
A: Yes — if it’s distinctive and associated with your brand. Generic food names can’t be protected, but coined terms or unique item names can.
Q: What if someone else has a similar name?
A: Ahhh, cue the classic legal answer: “It depends.” We’ll need to look at things like how similar the names are, what types of goods/services are being offered, who was first to use the name and whether there is any overlap in geography or customer base. Sometimes we can work around it, sometimes we can fight it, but other times it’s time for a stiff drink and a creative rebrand.
Q: How long does the process take?
A: If there are no issues, about 12 months, but it varies. Office actions or opposition can cause delays. You get protection as of the filing date if successful.
Q: Does registering my LLC protect my restaurant name?
A: No. Business registrations and trademarks are separate. Filing for an LLC (or other entity) at the state level does not automatically give you trademark rights.
Q: What happens if I get an Office Action?
A: Don’t panic. We will discuss how to handle and respond to it. If I did not file your trademark application and you received an Office Action, please reach out to schedule a time to review and go over options.
Q: Will you personally handle my case?
A: Absolutely. I’m not a faceless online service. When you work with me, you get me. You can learn more about me here, or get in touch to schedule a consultation to see if we are a good fit.
Ready to Own Your Brand?
Don’t risk your hard work and effort going to waste.
Let’s secure your brand before someone else does. Get in touch below.
