Your brand is your business, and your business is your brand. Whether you have been operating for years or have yet to open your restaurant, you should take steps to protect the identity that you have built or are planning to build with your customers.
The trademark process can be complex, but working with a trademark lawyer for restaurants could make it easier. An attorney with The Trademark Law Firm, PLLC could take this legal burden off your shoulders, allowing you to focus on running or launching your company.
You Have More to Protect Than Just Your Restaurant Name
When you think about your brand, the first thing that comes to mind is probably your restaurant’s name, but you may have much more than that to protect. When it comes to intellectual property connected to your business, the list may include:
- Your logo, including specific fonts and graphics
- Mascots (i.e., Ronald McDonald or Chuck E. Cheese)
- Slogans and taglines
- Your unique menu design
- Unique menu items and their names (i.e., Big Mac or Bloomin’ Onion)
- The overall visual “look” of your restaurant, including signature packaging, uniforms, and decor
The above list is not exhaustive. Some businesses have even successfully trademarked colors connected to their brand (think “Tiffany blue”). A trademark lawyer can help you identify aspects of your restaurant that you could (and should) safeguard.
How To File for a Restaurant Trademark
To get a nationwide, federal trademark, you will need to file an application with the U.S. Patent and Trademark Office (USPTO). Along with your application, you will need to submit the information that the office will need to process it. This includes your contact information, business information, drawings or examples of visual elements you would like to trademark, and an accurate description of your business and product. You will also need to pay filing fees.
An examiner will review your application and either approve or deny it. A denial may result if the restaurant name or intellectual property you want to trademark is considered too similar to another trademark either already registered or filed before yours. Examiners can also reject applications if a trademark is too descriptive or generic. For example, you typically cannot trademark common descriptors, like “cold” or “spicy.” A trademark attorney for restaurants can help you take steps to avoid an application denial so that you do not waste your time or money.
How Can You Make Sure Your Trademark Is Not Taken?
Before filing a trademark application, it is critical that you conduct a search to ensure your trademark is not already in use. Doing so is not as simple as Googling your business’s name or image searching your logo, because internet searches do not crawl important government databases. I can search for your restaurant’s name, logo, and other intellectual property you would like to protect across multiple platforms, including:
- The USPTO’s federal database
- State databases
- Business records
- Internet domain names
- Social media platforms
I can search for exact matches, as well as trademarks that have similar spellings, logos or graphics, or pronunciations. My job is to help you avoid this time-consuming task and take steps to ensure your application gets approved.
Why Should You Get Help From Our Trademark Lawyer?
Your restaurant is more than a business – it is the result of your hard work and sacrifices as an entrepreneur, and you want to be sure that any lawyer you hire will handle your restaurant trademark thoroughly and carefully. Not only could this prevent wasted fees, but it could also protect your business from future infringement.
Attorney Patrick McSwain guides you through the trademark process with responsive and personalized legal service. Once you hire him, you get his phone number so you can reach out anytime with additional questions and concerns. He can assist clients in English and Spanish.
Contact a Restaurant Trademark Attorney Today
There is never a wrong time to get started protecting your business. Whether your company is already a trusted cornerstone of your community or is in the planning stages, our trademark lawyer for restaurants could help you safeguard what you have created or plan to create.
To learn more about protecting your brand, contact The Trademark Law Firm today for a confidential consultation. I can assist clients nationwide.