Protect Your Restaurant, Name With A Trademark

By Doris Chen, J.D. You’ve finally decided to open your own restaurant. You’ve pondered over numerous names and finally settled on one that customers will identify with for years to come. Now how do you protect that name and ensure that another restaurant does not open up with the same name? The answer: a trademark. What is a trademark and why trademark my name? A trademark is a word, set of words, a logo, or a combination of them used by a merchant to identify its foods and services and distinguish them from others. It is your own unique name or design to help consumers automatically identify your restaurant from other restaurant. A trademark helps you retain the goodwill that has been built up around your business, and helps prevent consumers from mixing up similar products or services. Say your restaurant name and perhaps even a logo is trademarked, but another restaurant in the vicinity opens up with the same name or logo. With a trademark, you would be able to enforce your rights so long as you registered first with the United States Patent and Trademark Office ( USPTO) and have been using your restaurant name consistently. How do I trademark my restaurant name? The good news is that it is not hard to trademark your restaurant name. As of 2004, the cost for a national trademark with USPTO is $335. However, attorneys may charge $1,500 to $2,500 or more to handle the process. Attorney fees involve research involved in clearing a trademark and the process of filling out the trademark forms. However, an attorney may be a good investment considering what is potentially at stake. You can learn more about the process by going on to the USPTO website (www.uspto.gov), where there is a free searchable database to search fro trademarks. The website also includes information on the basics of a trademark and the process in establishing or protecting it. It certainly does not hurt to check out the website first, then hire someone to take care of the finer details. Doris Chen received her J.D. from Santa Clare University, California and specializes in intellectual property.