How to Register a Trademark for a Restaurant

Introduction

The first step in registering a trademark for a Restaurant is to pick the right trademark. Conduct a Trademark Search, pick the right trademark and fill out an application form.

Step 1: Understanding Trademarks

To begin, you must pick the right trademark. A trademark is any word, symbol, or design that identifies and distinguishes the source of goods or services. It can be a word, phrase, slogan, logo or any combination of these items. The most important things to consider when choosing a name for your character are whether it will be unique enough to avoid confusion with another mark (or marks), and whether it has been used in the past by other companies for similar products/services.

A search of federally registered trademarks will reveal if someone else has already applied for rights to use your proposed name as a trademark in connection with a good or service of theirs. If so, you may have problems getting federal registration on your own application because federal law requires that two identical marks cannot coexist unless there is no likelihood of confusion between them (e.g., where there are significant differences between the goods or services associated with each mark). You can conduct an online search at https://www.usptoexamineronline/system/jspui/.

Step 2: Pick the Right Trademark

If you want to avoid legal issues, you have to choose a name that is not already trademarked. Before filing your application, make sure there are no other trademarks with the same name. If someone else has a trademark with a similar word or phrase, it could affect whether your application for registration is successful.

You may want to use an existing business name as part of your trademark because this will be easier for people who know it (like former customers) to remember and recognize when they see it again on products or services offered under the new brand identity. However, if another company owns rights over any part of your proposed trademark, then that may hinder registration because it conflicts with their existing rights under the law.

Conduct a Trademark Search

A trademark search is a search of the USPTO records to see if another party has registered or applied for a mark similar to yours. The person who should conduct a trademark search before filing an application is you, the applicant. You should do it yourself because you have the best knowledge of your business and its products or services, and this will help you select only those marks that are available for registration in your category.

The best sources for conducting a trademark search include:

• The United States Patent and Trademark Office (USPTO) database at www.uspto.gov/trademarks-application-process/trademark-searching-resources
• Third-party searches like Google, etc.

Step 3: Fill out an Application Form

If you are ready to move forward, the next step is to fill out an application form. This can be done electronically or by fax. The U.S. Patent and Trademark Office will provide a checklist of things that must be included in this form (including the name of your business, and a description of the logo and its colors). You may also include any relevant information about why you want to register your logo as a trademark for Restaurant: its history, how it is distinctive from others’ logos, etc. The USPTO provides guidelines on what should go into this section.

Class or Classes of Goods or Services

The class or classes of goods or services that you select will, in part, determine the cost of your trademark registration and the process for obtaining it. The U.S. Patent and Trademark Office (USPTO) has created a classification system for goods and services known as the International Classification System (ICS). This system groups items into one of 45 classes based on their general nature. Some examples include:

• Class 9 includes computers, software, electromechanical devices;
• Class 16 includes paper clips; and
• Class 35 includes advertising services.

The ICS is an excellent resource if you’re not sure which class to choose for your Restaurant trademark application because it provides examples of what each class covers along with specific categories within each group such as “newspapers” under “printed matter” in no less than three different industries: retail trade; wholesale trade; banking/financial services

Pick a Name and Register it with the USPTO.

To register your character’s name, you’ll need to pick a name for your character and register it with the U.S. Patent and Trademark Office (USPTO), which grants federal trademark protection. Be sure to choose a unique name that isn’t confusingly similar to other trademarks or so generic that it could apply to any product or service.

The U.S. Patent and Trademark Office will reject any trademark that is scandalous or offensive, includes descriptive terms not related to their business services (like “restaurant”), or are likely to deceive the public by misrepresenting their goods or services as those of another company.

Conclusion

When you’re ready to launch your business, be sure to register it with the state and local governments where you do business. Most states require businesses to register with a secretary of state or similar agency, while some cities may require additional licensing or permits.