Your brand is more than just a name or a logo—it’s the identity that sets you apart in a competitive industry. But when it comes to protecting that identity, many restaurant owners wonder: should I trademark my logo, my name, or both? In this comprehensive guide, we’ll explore what can be trademarked in the restaurant business and how to prioritize your trademark strategy for maximum impact.
What Can Be a Trademark in the Restaurant Industry?
Restaurant owners often assume that trademarks are limited to logos and names, but there is a wide array of elements that can be protected. Let’s break these down:
- Your Restaurant’s Name
The name of your restaurant is often the most critical aspect of your brand. A distinctive and unique name makes it easier for customers to find and remember you. Examples of trademarked restaurant names include SHAKE SHACK, MCDONALDS and many others. Benefits of a trademark on the name include:
- Prevents competitors from using similar names that could confuse customers.
- Helps you stand out in online searches and food delivery platforms.
- Protects your business as you expand to new locations or franchise.
- Your Logo
Your logo is the visual representation of your brand. Whether it’s a stylized icon, a custom font, or a combination of both, a logo helps customers instantly recognize your business. This protects you for someone else using the same or a similar design, provides a consistent visual identity across menus, signage and marketing materials. It also protects your brand in digital spaces, including websites and social media.
- Slogans and Taglines
Catchy phrases that capture the essence of your restaurant are also eligible for trademark protection. Examples include KFC’s “It’s Finger Lickin’ Good” or McDonald’s “I’m Lovin’ It.” Having a trademark registration on a slogan offers you an additional layer of brand recognition and it protects the marketing phrases that differentiate your restaurant from competitors.
- Signature Menu Item Names
If your menu features unique and creative dish names, you can apply for trademark protection on them too. For example, In-N-Out Burger has trademarked “Animal Style,” while Moe’s Southwest Grill has trademarked “Homewrecker” for their burrito. This helps you keep your menu items unique and prevents others from copying the names of your signature dishes, while building a stronger association between your brand and your offerings.
- Trade Dress
Trade dress refers to the overall look and feel of your restaurant, including decor, menu design, and even packaging. This one is a bit trickier to protect, as it requires your brand to have achieve a level of high recognition, or secondary meaning, but it is possible. Examples include the distinctive red and white stripes of In-N-Out Burger’s packaging or the vintage vibe of Cracker Barrel. If successful, this protects the unique atmosphere and aesthetic of your restaurant and prevents competitors from creating similar environments that confuse customers.
Name vs. Logo: Which Should You Prioritize?
When deciding what to protect first, it’s essential to consider your business goals, budget, and how customers identify your brand. Here’s a closer look:
Trademark Your Name First
Your restaurant’s name is often the first thing customers notice and remember. A strong, distinctive name is crucial for building a recognizable brand.
- Advantages:
- Offers broad protection for your brand identity.
- Ensures competitors can’t use similar names that confuse customers.
- Covers a wide range of uses, including online listings and advertising.
Trademark Your Logo First
If your restaurant’s branding heavily relies on visuals, your logo may be the best place to start. For example, if you have a bold, unique design that customers associate with your business, securing trademark protection for it should be a priority. Sometimes, your restaurant name may be descriptive, but you have a unique logo. The descriptive name is not likely to receive a federal trademark registration, but the logo might if it is unique.
- Advantages:
- Protects the visual representation of your brand.
- Ensures consistency across all marketing materials.
- Adds a layer of professionalism to your business.
Why Not Both?
Ideally, you have the budget to apply for trademarks on ALL of your intellectual property that qualifies for protection, but we understand if that’s not the case. If you have trouble identifying what you need to protect, or would like some advice on where to start, make sure to book an IP Strategy Session and we can discuss your options.
How to Create Trademarkable Elements
The strength of your trademark depends on how unique and distinctive your brand elements are. Here are some tips for creating trademarkable names, logos, and other assets:
Avoid Generic or Descriptive Names
Generic names fail to create a strong brand identity and typically don’t qualify for trademark protection. Instead, focus on crafting names that evoke emotion, tell a story, or spark curiosity. Usually, the less descriptive a name is, the stronger the trademark (assuming it is also unique).
What About Descriptive Terms? Descriptive terms, while often used in restaurant names, come with specific challenges in the trademark process. They are commonly required to be disclaimed during registration, which means the applicant acknowledges they do not have exclusive rights to the descriptive portion of the mark on its own. For instance, in the trademark “Sunny Side Café,” the applicant may need to disclaim “Café” because it merely describes the nature of the business. While disclaimers allow the trademark to proceed, they limit the ability to prevent others from using similar descriptive terms in non-confusing ways.
Striking the right balance between descriptiveness and creativity is key. Descriptive terms can be combined with distinctive or fanciful elements to create a strong and protectable trademark. For example:
- Instead of “Burger Restaurant,” try “Galaxy Grill,” which pairs a clear reference to the food type with an imaginative element.
- Rather than “Family Diner,” consider “Moonlight Diner,” which adds a unique, evocative twist to the descriptive aspect.
The goal is to maintain clarity about your offerings while infusing enough originality to make the trademark distinct and memorable. This balance strengthens your trademark’s protectability and enhances your brand’s appeal.
Design a Distinctive Logo
Your logo is often the first visual impression of your brand, making it a critical element for trademark protection. Work with a professional designer to create a logo that captures your restaurant’s personality. Opt for unique imagery and avoid overused symbols like generic chef hats or forks. Incorporate custom typography or artistic elements that reflect your brand’s story. Distinctiveness is key to ensuring your logo is both memorable and protectable.
Be Creative with Slogans and Menu Items
Slogans and menu item names can set your restaurant apart, but they must be unique and distinctive to qualify for trademark protection. Avoid common phrases like “Best Burgers in Town” and aim for something more inventive that resonates with your audience.
When naming menu items, think outside the box with names that intrigue customers and create brand loyalty. Examples like “Dragon’s Breath Tacos” or “Midnight Espresso Martini” are distinctive, memorable, and hard to imitate. Creativity here not only aids trademark eligibility but also enhances your marketing efforts while making it much harder on competitors to imitate.
By prioritizing originality and relevance in your names, logos, and slogans, you can create strong brand elements that are not only appealing but also legally protectable. Taking the time to develop distinctive assets will give your restaurant a competitive edge and set you up for long-term success.
Steps to Getting a Registered Restaurant Trademark
- Identify What Trademarks You Have
Make a list of your restaurant’s most unique and valuable brand elements. Focus on what customers associate most strongly with your business and that is important for you to keep your own. For help with this step, please reach out to book an IP Strategy Session where we can discuss this and a come up with a plan to get your brand protected.
- Conduct a Trademark Search
The best time to conduct a trademark search is before launching your business. Ensuring your desired trademark isn’t already in use prevents costly disputes and application rejections down the line. If you have a list of potential names, contact me to learn about search packages tailored to help you identify conflicts early and proceed with confidence.
However, if you’ve already launched and now want to secure a federal trademark registration, we can still perform a comprehensive search to evaluate your brand’s eligibility and ensure you’re protected moving forward.
- File Your Trademark Application
Filing a trademark application with the USPTO is a critical step in securing your brand. Submitting a complete and accurate application is essential to avoid delays or rejections. Contact me to take the stress out of the application process and get your brand one step closer to protection.
- Monitor and Enforce Your Trademark
Once your trademark is registered, the work doesn’t stop. Regularly monitor for potential infringement to ensure no one else is using your brand elements without authorization. Platforms like social media, delivery apps, and local competitors can all be sources of unauthorized use. If infringement occurs, act swiftly with tools like cease-and-desist letters or legal action.
- Renew Your Trademark
Trademark protection is not a one-time task—it requires ongoing maintenance. Between the 5th and 6th years after registration, you’ll need to file a Section 8 declaration to confirm your trademark’s continued use. By the 9th and 10th years, you’ll need to file a combined Section 8 and 9 to renew your trademark for another decade. These renewals are crucial to keeping your trademark active and enforceable. Don’t risk losing your trademark rights—I can assist with renewal filings to make the process seamless and stress-free.
Protecting your restaurant’s brand is one of the most important steps you can take to ensure long-term success. Whether you start with your name, your logo, or both, securing trademark protection helps you stand out in a crowded market, build customer trust, and pave the way for growth. Don’t wait for someone else to claim your identity—take action today to safeguard your brand.
