In today’s crowded hospitality landscape, a restaurant or bar’s name, logo, or signature drink can be just as valuable as its menu. Whether you’re operating a fine-dining destination, a local tavern, or a craft cocktail bar, trademark protection is essential to guard your brand identity and help your business grow. With e-commerce and the digital world such a big part of marketing and promotional activities for these businesses, trademarks have become even more important than in past years when your competition was primarily other restaurants and bars in your general area.
Here’s what restaurant and bar owners need to know about trademarks and how to protect the brand behind the experience.
Why Trademarks Matter in the Hospitality Industry
Trademarks are more than just legal tools—they’re business assets. Your restaurant name, bar logo, slogan, or even a signature menu item can become identifiers that customers associate with quality and reputation.
Without a trademark, your brand is vulnerable to:
- Copycats opening similar businesses with confusingly similar names
- Digital marketing by competitors that attempts to redirect searches for your business
- Customer confusion over the origin of your services
- Lost business opportunities, especially when expanding to new locations or franchising
What Can Be Trademarked?
Restaurants and bars can seek federal or state trademark protection for many brand elements, including:
- Business name (e.g., “Midnight Oyster Bar”)
- Logo or graphic design used on signage and menus
- Slogans (e.g., “Where Every Hour is Happy Hour”)
- Signature dish or drink names (under certain conditions)
- Merchandise branding (e.g., shirts, glassware, and hats)
Example: “The Tipsy Mule” could register both the bar name and a stylized donkey logo, plus its signature cocktail “Tipsy Tonic” if used in commerce in a distinctive and consistent way.
What Can’t Be Trademarked?
- Generic or descriptive names without distinctiveness (e.g., “Pizza Place” or “Best Happy Hour”)
- Menu items with common terms unless they are uniquely branded and promoted
- Names already registered or in use by another restaurant or bar in a similar geographic or industry space
Pro tip: A Google search is not enough. Checking the USPTO database is not enough. Conducting a professional trademark clearance search reduces your risk of infringing on another business and losing the right to use your own brand.
Federal vs. State Trademark Protection
Federal Trademark (USPTO)
- Offers nationwide protection
- Crucial for franchises or future expansion
- Can block others from registering similar names
- Can be done on an intent to use filing basis
New York State Trademark
- Less expensive and quicker to obtain
- Provides protection within New York
- Ideal for smaller, locally based businesses not operating in other states
- Must be done on an actual use filing basis
Trademark Strategy for Bars and Restaurants
-
- Register Your Brand Early
The first to file has the strongest rights. Don’t wait until a competitor or copycat beats you to it. - Trademark Multiple Assets
Consider protecting your name, logo, tagline, and high-value signature items (e.g., a famous cocktail name or food challenge). - Consider International Protection
If you plan to grow beyond the U.S., consider Madrid Protocol or other international trademark registrations. - Use the Right Symbols
- ™ for unregistered or state registered marks (common law protection)
- ® only after the mark is federally registered
- Register Your Brand Early
- Enforce Your Rights
Monitor competitors and file cease-and-desist letters when needed. Failing to enforce your mark can weaken your protection.
How an Attorney Can Help
A trademark attorney can:
- Conduct clearance searches
- File federal or state trademark applications
- Monitor for infringement
- Help develop brand protection strategies, including licensing and enforcement
Final Thoughts
If you’ve invested in your restaurant or bar’s brand, it’s time to protect it. Trademarks are a smart business move that can increase the value of your business, attract investors, and secure your competitive edge. We work with restaurant owners, franchises, and hospitality entrepreneurs to protect what makes their business unique.
Tracy Jong is a Senior attorney at Evans Fox LLP with 30 years of experience focusing her practice in business law, intellectual property and licensing for alcohol and cannabis. Tracy Jong is a member of the New York Bar and is a registered attorney at the United States Patent and Trademark Office. She can be reached at Tjong@EvansFox.com.
ATTORNEY ADVERTISING
The content has been prepared for informational purposes only; it should not be construed as legal advice, does not create or constitute an attorney-client relationship, and readers should not act upon it without seeking professional counsel.