+91 7305 345 345Trademark Registration for Restaurant
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Your restaurant’s name, logo, or even tagline is what makes you stand out in a crowded food market. Protect it before someone else does! At Kanakkupillai, we help restaurant owners secure their brand identity through trademark registration —from choosing the right class to filing and obtaining approval. Let Kanakkupillai handle your trademark registration!
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Trademark Registration for Restaurants
In the contemporary era, what is seen is sold. As a restaurant owner, you have the choice to decide how you want your brand to be seen. A brand that makes you different from the sheep, an identity – the misuse of which is an offence, a name that is popular, and customers keep coming back. All the successful food chains and restaurants are not known by their taste first but by their name/brand. For this reason, registering your trademark is important to protect the reputation of your restaurant. Trademark Registration protects your brand, prevents its misuse, and helps you build a long-term relationship with your customers. In India, you can register your trademark online or in person at the office.
What is a Trademark?
A trademark is a special symbol, design, name, or combination of both that is used to identify a product pr a service from the rest of others. A Trademark helps in distinguishing. In India, trademarks are regulated by the Trade Marks Act, 1999.
Consequences of Failing to Register Your Restaurant's Trademark?
If you do not register your restaurant’s trademark, it can lead to:
- Imitation of your brand by competitors
- Loss of customers due to confusion
- Legal disputes for your own brand name
- Difficulty in franchising or business expansion
- Financial loss and reputational damage
- Loss of marketing investment
- Damage to your brand reputation
Importance of Registering Your Restaurant’s Trademark?
- Your restaurant's name or logo becomes your legal property once it is registered as a trademark. Without your permission, no one else may use it. You have every right to take legal action to stop them if they misuse it or use it without prior approval.
- Your restaurant’s name, logo, and design carry your reputation. With a registered trademark, you can be sure that no one will misuse your identity.
- People trust brands that look well-established. When your restaurant uses the ® mark, it shows customers that your brand is well-established in the market. It builds confidence and helps them choose you over others.
- If you ever want to open a franchise or grow your restaurant, trademark registration is important.
- A trademark is not just a legal mark; it is a valuable asset. Over time, as your brand grows, its trademark can gain real market value. It can be sold, licensed, or even used as a future business investment.
What Can a Restaurant Trademark Protect?
A restaurant can protect multiple elements through trademark registration:
|
Trademark Element |
Example |
|
Name of Restaurant |
“Biryani Blues”, “Barbeque Nation”, “Mainland China” |
|
Logo or Symbol |
McDonald’s “M”, Domino’s logo |
|
Slogan/Tagline |
“Finger Lickin’ Good” – KFC |
|
Menu Item Names |
Unique dish names or signature food products |
|
Packaging Design |
Distinctive food boxes or takeaway designs |
|
Sound or Jingle |
Short tune or background music |
|
Colour or Shape |
Specific colour scheme or layout design |
Any element that gives your restaurant a distinct identity can be protected under the Trade Marks Act, 1999.
Trademark Class for Restaurants
Trademarks in India are divided into 45 classes on the basis of goods or services.
For restaurants, the relevant class is:
Class 43: Services for providing food and drink; temporary accommodation.
This includes:
- Restaurants, cafes, and coffee shops
- Catering services and take-away outlets
- Cloud kitchens and food delivery platforms
- Bars, pubs, and bakeries
- Ice cream parlours and dessert shops
- Food trucks and street food stalls
- Lounges, fine-dining restaurants, and quick-service outlets
- Hotels, motels, and homestays offering dining facilities
- Online table reservation and food ordering platform
- Party halls and banquet service.
- If your restaurant also sells packaged or branded food and beverages, you may need to register for additional classes such as Class 29, 30, 32, or 33
Documents Required for Restaurant Trademark Registration
- Copy of PAN Card, Aadhaar Card, Passport, or Voter ID of the applicant.
- Certificate of Incorporation for companies
- LLP agreement
- Partnership Deed
- GST registration certificate
- Utility bills, rental agreement, lease agreement or sale deed, or other valid proof of business or personal address.
- The exact name, logo, or design to be registered in JPEG format, in size 200 KB.
- A clear description mentioning the relevant Trademark Class.
- Power of Attorney (Form TM-48, if the trademark application is filed through an agent, consultant, or attorney.
- User Affidavit, if the trademark is already in use and proof of prior use, such as invoices, menu cards, website screenshots, or advertisements.
Online Process of Trademark Registration for Restaurants
Step 1: Trademark Search
Conduct a search on the IP India website to check if your chosen name or logo already exists.
A proper search avoids future legal disputes.
Step 2: File Trademark Application
You can file Form TM-A online or at the Trademark Office.
Government Fees:
- ₹4,500 for individuals/startups/small businesses
- ₹9,000 for companies or LLPs
Once you file the application, you will receive an acknowledgement number. You can start using the ™ symbol immediately over your brand.
Step 3: Examination by Registrar
Your application is reviewed by the Trademark Office to check that it meets all the legal requirements.
You will receive an "Examination Report" if there are any objections, and you have 30 days to reply.
Step 4: Publication in Trademark Journal
If your application is accepted, your trademark will be published in the Trademark Journal for 4 months to allow public opposition.
Step 5: Opposition
If someone opposes your trademark registration, you are mandated to defend it before the Registrar.
Your trademark will proceed to registration if there is no objection
Step 6: Trademark Registration Certificate
If everything is in order, you will receive a Registration Certificate for your trademark.
Voila! Your trademark is registered!
Your restaurant can formally use your ® symbol.
Difference Between ™ and ® Symbols
|
Symbol |
Meaning |
When to use |
|
™ |
Trademark applied for but not yet registered |
After filing the application |
|
® |
Registered trademark |
After receiving the registration certificate |
Using ® without registration is illegal and punishable under Section 107 of the Trade Marks Act, 1999.
Trademark Renewal and Validity
A registered trademark is valid for 10 years and can be renewed for another 10 years.
To renew your trademark, you have to file the Form TM-R before the Registrar.
Common Mistakes to Avoid When Applying for Trademark Registration
- Using a name too similar to another restaurant
- Choosing descriptive or generic names
- Filing in the wrong trademark class
- Ignoring objections or missing deadlines
- Forgetting to renew the trademark
- Not doing a proper trademark search
- Modifying your brand after filing
- Submitting incomplete or incorrect documents
- Using someone else’s logo or design without permission
- Waiting too long to file for a trademark
- Assuming a trademark is automatically protected without registration
How Kanakkupillai Can Help with Trademark Registration for Your Restaurants?
Trademark registration can be a time-consuming process, involving multiple legal steps and follow-ups. At Kanakkupillai, our experts handle the process end-to-end:
- Conducting detailed trademark searches
- Filing applications in the correct class
- Drafting replies to objections or oppositions
- Monitoring the status of your application
- Managing renewals and changes over time
We ensure your restaurant’s brand stays protected while you focus on running your business.
Protect your restaurant’s name today because your brand deserves to be yours, and yours alone.
Frequently Asked Questions
Can a small restaurant or café register a trademark?
Yes, absolutely. Even a small or single-outlet restaurant can register a trademark for its name, logo, or packaging. The protection applies equally to all businesses, regardless of size.How much does it cost to register a restaurant trademark in India?
For individuals and small businesses, the government fee is ₹4,500 per class. For companies or LLPs, it is ₹9,000. Including professional fees, the total cost usually ranges from ₹6,000 to ₹12,000.What happens if someone uses my restaurant name without permission?
If your trademark is registered, you can issue a legal notice or file an infringement lawsuit. The court can stop the other party from using your mark and award damages.Can I trademark my restaurant’s special dish name or recipe?
You can trademark a unique dish name (if it is distinctive), but not the recipe itself. Recipes are usually protected as trade secrets, not trademarks.What class should I file under for a restaurant business?
Restaurants and food service providers fall under Class 43, which covers “services for providing food and drink.”Can I trademark a restaurant name even if I haven’t opened it yet?
Yes. You can file a trademark application based on your proposed-to-be-used brand name. This secures your rights before the restaurant launches.Is trademark registration valid outside India?
No, Indian registration protects your brand only within India. For international protection, you must apply separately in other countries or use the Madrid Protocol system.Can I change my restaurant’s logo or name after registration?
You can’t modify an existing registered trademark. If you change your logo or name, you must file a new application for the new mark.What symbol should I use before and after trademark registration?
Use ™ after filing your application. Once it’s officially registered, you can use ® beside your restaurant’s name or logo.What makes Us Different
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