A business’s creativity is not relegated to its branding. Restaurants and other outlets in the hospitality industry have to embrace a certain amount of creativity every day to create appealing products. These restaurants, in turn, have the right to protect their creations from infringement.

If you want to protect a recipe, catering menus, or other restaurant paraphernalia, a New Jersey restaurant trademark lawyer is available to assist you. A well-versed restaurant and hospitality attorney could walk you through the trademarking class system and help you identify what trademarks you need to limit brand infringement.

Goods Related to Restaurant Trademarking

Restaurant trademarking can involve much more than the proper use of a name and specific icons. Restaurants are creative endeavors in their own right. If a business owner wishes to produce a signature dish or appearance, they have the right to pursue trademarking opportunities. These opportunities can help protect that restaurant’s creations, which helps ensure the outlet’s originality.

The Class System of Trademarks in New Jersey

Trademarks are designed to limit the inappropriate use of one party’s intellectual property. That said, there are trademark classes designed to differentiate between types of property. These classes benefit the U.S. Patent and Trademark Office (USPTO) but can also make applying for trademarks complicated.

For example, say a restaurant wants to release shirts with the business’s name on them. To do so, the restaurant owners would have to file for a shirt trademark using Class 25 and pay a trademarking fee. The restaurant must then repeat this process for every item they wish to trademark, from the food to their business’s name.

Trademark Class 43: Food Services

Restaurants, in particular, have several goods that fall under Cl. 43. This trademark class includes, but is not limited to:

  • Temporary accommodations requiring food services
  • Event facilities and facility rentals
  • Catering opportunities
  • Linen, table setting, and furniture rentals
  • Creation and release of food and drinks

Any parties who wish to provide unique food within the hospitality industry must have their goods protected under this class to keep other businesses from taking advantage of their innovations.

Limitations Restaurants Face

Trademarking does not cover all intellectual property use. Because there are so many trademarking classes, even umbrella classes have their gaps. For instance, while Cl. 43 protects a restaurant’s preparation and service, this trademark class does not cover the preservation services for food and drink or the use of music and entertainment in a hospitality setting.

A seasoned lawyer could help interested parties in New Jersey break down each restaurant trademarking class and determine other trademarks they may want to invest in.

Filing Paperwork to Cover Food and Drink

To file a food and drink trademark for a restaurant, interested parties must establish a mark or element that they wish to trademark with USPTO, fill out the application, pay the office’s application fee, and modify the application as deemed necessary by a USPTO representative. A hardworking attorney familiar with applying for restaurant trademarks could help a New Jersey business through the process.

Address Your Concerns with a New Jersey Restaurant Trademark Attorney

The restaurant business sees near-constant branding turnover. Creating a name for yourself within the field takes a lot of creativity and forethought. A New Jersey restaurant trademark lawyer makes it easier for you to not only stand out but to protect your intellectual property. If you are thinking about names and iconography for your new restaurant, schedule a consultation with a member of the firm today.

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