CARTOONS ABOUT TRADEMARKS How to trademark a restaurant name: Trade name VS Trademark

Trademark Misconception: Incorporating your business is enough to protect it. WRONG. 

Find out how trademarking your brand can protect you in this cartoon:


It's important to trademark your restaurant's name because it protects your brand from others using the same name or logo. This means customers won't get confused, and you can keep your reputation intact. Trademarking also gives you legal rights to stop others from using your name without permission. It helps your business grow by giving you the confidence to expand to new locations or markets. Plus, having a trademarked name adds value to your restaurant if you ever want to sell it. Overall, trademarking ensures your restaurant's name is safe and helps it succeed in the long run.

Is having a restaurant that operates under a certain name enough for legal protection against intellectual property infringements? Not quite. Simply operating an establishment under a trade name does not mean that it is trademarked. The key difference is that in order to prevent others from using the same name as your restaurant you need to have your trade name registered with the United States Trademark and Patent Office (USPTO) under certain classes of goods and services.

A trade name, also known as a doing business (DBA) name, is the official name a sole proprietor or a company chooses for their business. Registering a trade name is important for branding, but it doesn't offer unlimited brand name protection or legal rights. State laws vary, but most states require trade name registration either with the state government or through a county clerk's office. This registration is mainly for administrative purposes, such as filing taxes with the IRS.

The Small Business Administration (SBA) website provides tools to search for specific trade name registration requirements in each state. While registering a trade name doesn't guarantee brand protection, it helps tax agencies recognize your business. However, it doesn't stop others from using the same trade name. Even though trade name registration doesn't provide legal protection like a trademark, choosing a trade name carefully is crucial for establishing your business identity in the market. Trademark registration is a separate process that offers more comprehensive legal protection.

A trademark, on the other hand, is a crucial step in building brand recognition. It can protect names, logos, symbols, or slogans associated with your business. Examples include Nike's swoosh symbol and Coca-Cola's distinctive script. Trademarks are easily identified by the trademark symbol—™.

To register a trademark, you must do so separately from a trade name, and this must be done at the federal level. Registering guarantees exclusive use of the trademark verifies it wasn't previously used, and offers government protection against infringement. It's advisable to have an intellectual property lawyer handle registration to ensure accuracy and thoroughness. While federal registration is primary, many also register trademarks at the state level for additional protection. Check out our guide for trademark registration here!

Trademark registration provides comprehensive legal protection for names, logos, symbols, or slogans associated with your business. It guarantees exclusive use of the trademark and government protection against infringement. To ensure accuracy and thoroughness, it's recommended to have an intellectual property lawyer handle the registration process. While federal registration is primary, registering trademarks at the state level can offer additional protection. If you're unsure about the process, our team of trademark attorneys is here to help. Reach out today for peace of mind and legal safeguarding of your brand!

Still have questions? Don't worry! Get in touch with us! We’re a group of trademark attorneys ready to guide you through the registration process. From getting your brand registered to protecting it from copycats, we've got you covered. Let us handle the legal stuff while you focus on growing your business. Reach out today for peace of mind and safeguard your brand legally! Or choose one of our packages that guarantees results for a guaranteed budget with a full refund if the trademark gets rejected!


Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.