The correct way to protect the name of a restaurant is to trademark it. Restaurant names are not eligible for copyright protection.
By Michael Kondoudis, Restaurant Trademark Lawyer
This is our QUICK guide to copyrights for restaurant names.
As a restaurant owner, a memorable and unique name is essential for your brand identity. It’s just as crucial as the menu and service you provide. With so much love and work poured into your business, you need to safeguard your restaurant name. But how? This blog post will explain how to legally protect your restaurant name.
Let’s jump in!
I. Copyrights For Restaurant Names
Can You Copyright the Name of a Restaurant?
No, you cannot copyright the name of a restaurant. Names, including the name of a restaurant, do not qualify for copyright protection. Examples of names that cannot be copyrighted include:
- The name of an individual (including pseudonyms, pen names, or stage names)
- The name of a business or organization
- The name of a band or recording artist
- The name of a product or service
- The name of a character
- A domain name or URL
The way to protect a name, including the name of a restaurant, is with a trademark. Read our guide to trademarking your restaurant name (and logo).
How to Copyright a Restaurant Name
In short, you cannot copyright the name of a restaurant. Names, including the name of your restaurant, cannot be copyrighted. But you can often TRADEMARK the name of a restaurant.
How Do You Protect a Restaurant Name?
The best way to protect a restaurant brand is to trademark the name, logo (artwork), and slogan that you use to promote it. Trademarks are the easiest and best way to protect any brand. Read our guide about when you can trademark a restaurant name.
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Why You Should Protect the Name of Your Restaurant?
The name of your restaurant is the cornerstone of your restaurant brand, and branding in the restaurant business is as important as your food and service.
Read more about why you should trademark your restaurant’s name.
II. Copyrights vs. Trademarks
Many people often confuse copyrights and trademarks. It’s important to understand the difference between the two to effectively protect your restaurant name.
What is a Copyright?
A copyright is a type of intellectual property that protects creative works, including performances, musical, and artistic works. Examples of copyrightable works include novels, songs, paintings, photography, and movies.
Since the name of a restaurant is not a creative work, it does not qualify for copyright. Read more about the differences between trademarks and copyrights.
What is a Trademark?
A trademark is a signal that distinguishes and differentiates goods or services from one enterprise from those of others. Trademarks represent and protect brands, including restaurant brands. The most common trademarks are words (names), phrases, and logos.
Why is a Trademark the Right Way to Protect a Restaurant Name?
To protect your restaurant name, you need to trademark it instead of copyrighting it. Trademarking your restaurant name confirms your legal ownership of it and is the surest way to prevent anyone else from trademarking it in the restaurant, hospitality, and good service industries.
III. How to Get a Restaurant Trademark
You get a trademark for a restaurant name by submitting an application to the U.S. Patent and Trademark Office and completing the examination process, which takes more than a year. You can read our guide about how to trademark a restaurant name here.
How Do You Trademark a Restaurant Name?
To trademark a restaurant name, you need to apply to the U.S. Patent and Trademark Office. Learn about how here.
A word of warning – filing an application starts a Federal legal proceeding that can be very confusing and complicated. For this reason, and many others, the U.S. Patent and Trademark Office recommends that you work with a trademark attorney. Learn why.
Do You Need a Trademark Lawyer?
Federal registration of the name of your restaurant ensures that it is protected. Working with an experienced trademark attorney maximizes your chances of success during the application process; maximizes your trademark protections; and minimizes how long it will take. Learn why here.
Working with an experienced trademark attorney often makes the difference between success and failure when it comes to trademark registration. Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their restaurant names.
In fact, the U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:
“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”
Final Thoughts
Protecting your restaurant name is an essential part of building a strong brand identity. Don’t leave it unprotected, as your restaurant name is a valuable asset. Remember to choose trademarking over copyrighting and consider working with a trademark attorney to make the process as efficient and successful as possible.
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For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).