How To Trademark Your Restaurant Name?

Opening a restaurant can be a profitable venture. The restaurant name is the first thing a potential customer will see and is often the first element you pick when building your restaurant. You want your customers to identify with your restaurant - and that starts with the name.

Why trademark a restaurant name?

Imagine if your restaurant name is "Hungry Monsters" and it becomes a popular and well-known name in Edmonton. How would your business be affected if other restaurants appeared in Edmonton with name Hungry Monster? These restaurants don’t have your permission to use the name, and they utilize your restaurant brand name and attract crowds.

These restaurants are making a profit off your brand name. And to take it a step further, if they provide sub-par quality food, then it is your brand name that is negatively affected.

Trademarking your restaurant name can prevent other entities from posing as your restaurant.

Here’s how you can trademark a restaurant name.

Step 1: Trademark Search

You don’t want to take a trademark name that already exists. How do you find restaurant trademark names?

• Canadian Trademarks Database: Operated by the Canadian Intellectual Property Office (CIPO), you can view all the trademarks officially registered or filed for.
• Google: While an unregistered trademark does not have the same protection as a registered one, it does have some protection. How do you find unregistered trademark names and ensure you don’t take them? Using Google is a highly efficient way to do so. When you are selecting a restaurant name, Google it and ensure that there isn’t another one like it.

A good trademark search simply ensures that you don’t pick a name that already exists.

Step 2: Pick a name

Now comes the challenging part - pick a restaurant name.

• If you like a name but it is already taken - you may take it if it qualifies for certain exceptions:
• The business is not located in your geographic area
• The business is not operating in the hospitality industry

Before choosing a name that is already in use, consider speaking with a registered trademark agent to determine the potential risks associated with your decision.

Step 3: Prepare your Trademark Application

You can access the trademark application from the CIPO’s website.

• Ensure that the application form is completed in its entirety
• Ensure you properly identify the owner of the trademark and include a mailing address. How to trademark your restaurant name?
• State the date from when you have been using the trademark name. If you have not begun using it yet, state that you intend to use it.

Step 4: Submit your Trademark Application

After your trademark application has been prepared, submit it to the Trademark Office. You will be required to pay a filing fee at the time that you submit the application.

Once you submit your trademark application, the Trademark Office will begin a process of examination which results in either rejection or publication.

Step 5: Publication of your Trademark

When the Trademark Office approves your application, it will be published and any interested party will have the opportunity to oppose it. If any oppositions are raised, you will have to state your case to the Trademark Office. The Trademark Office will either accept or reject your trademark application based on this.

Step 6: Registration of your Trademark

Assuming that there are no opposition proceedings or that the opposition is decided in your favor, you will have the opportunity to pay the registration fee and register your trademark. This is the final step to registering your restaurant name as a trademark.

Trademarking your restaurant name can be a complex process and it is always advisable to have a trademark agent by your side. Small mistakes can affect the validity of your registration. Prowse Chowne LLP has experienced professionals who can assist you throughout the trademark process.