The Importance of Registering Your Trademark, Slogan and Logo

By George Likourezos, Esq.

As an entrepreneur or investor in the restaurant or food industry, as with any other business or industry, it is important to protect the business’s intellectual property, which includes the trademark or brand, slogan, and logo, with the United States Patent and Trademark Office (USPTO).  There are several important benefits for obtaining trademark registration for a restaurant’s trademark, slogan, and logo.

Legal Protection: Registering your restaurant or food business name, slogan, and/or logo as a trademark with the USPTO provides legal protection for your brand identity. It gives you exclusive rights to use the name in connection with your restaurant’s goods and services, helping to prevent others from using a similar name or causing confusion among customers.

Nationwide Rights: Trademark registration with the USPTO provides nationwide protection for your restaurant and business name, slogan, and logo, allowing you to enforce your rights against infringing parties across the United States. This is especially valuable if you plan to expand your restaurant’s presence beyond a single location or operate in multiple states.

Enhanced Brand Recognition: A registered trademark can help enhance brand recognition and consumer trust in your restaurant and food business. It signals to customers that your name is unique, reputable, and legally protected, distinguishing your establishment and business from competitors in the marketplace.

Deterrence Against Infringement: Registering your restaurant or food business name, slogan, and/or logo as a trademark acts as a deterrent against potential trademark infringement by competitors or unauthorized users. It puts others on notice of your ownership rights and may discourage them from using a similar name to avoid legal disputes.

Asset Value: A registered trademark can be a valuable asset for your restaurant of food business, enhancing its overall value and attractiveness to investors, partners, and potential buyers. It demonstrates that your brand is well-established, legally protected, and capable of generating goodwill and revenue.

Enforcement Options: Trademark registration provides you with legal grounds to take enforcement actions against infringing parties, such as sending cease-and-desist letters, pursuing litigation, or seeking damages for trademark infringement. It strengthens your ability to defend your brand identity and reputation in the marketplace.

Overall, registering the name, slogan, and logo of your restaurant or food business with the USPTO offers important legal protections, brand recognition benefits, and enforcement options that can safeguard your business interests and promote its long-term success.

Also, you should be aware that a logo is typically easy to register as it is more often than not unique. One caveat is that a descriptive trademark for a restaurant or food business is typically not capable of being registered.  A descriptive trademark directly describes the goods or services offered by the restaurant or food business. For example, in the case of a restaurant, a descriptive trademark typically consists of common or generic terms that directly convey information about the type of cuisine, ambiance, location, or other characteristics of the restaurant. Descriptive trademarks are generally considered weak and may be difficult to protect because they lack distinctiveness and are not inherently distinctive in identifying the source of goods or services.

Examples of descriptive trademarks for restaurants might include:

“Italian Pasta Kitchen” for a restaurant specializing in Italian cuisine and pasta dishes.

“Cozy Café” for a small, intimate eatery known for its cozy atmosphere and casual dining experience.

“Seafood Shack” for a restaurant specializing in seafood dishes and seafood-focused cuisine.

“Downtown Grill & Bar” for a restaurant located in a downtown area that serves grilled dishes and cocktails.

“Family Pizza Place” for a family-friendly restaurant known for its pizza offerings and kid-friendly atmosphere.

While descriptive trademarks may accurately describe the characteristics or offerings of a restaurant, they are generally not as strong or protectable as other trademarks that are distinctive and more likely to be eligible for trademark registration and legal protection. Therefore, it’s often advisable for restaurants and food businesses to choose trademarks that are more unique, creative, and memorable to establish a strong brand identity and avoid potential conflicts with existing trademarks.

A resource you can consider as business owner or investor in providing legal advice, determining if your trademark, slogan, and logo is suitable and available for registration, and in registering your trademark, slogan and logo is the intellectual property law firm of Carter, DeLuca & Farrell. Carter DeLuca has assisted hundreds of companies to scale and grow, and protect their intellectual property, including the trademarks, slogans, and logos of restaurants, and all other kinds of businesses.

For a free consultation made available through Spotlight Family Office Group, please contact us at Info@SpotlightFamilyOffice.com.