How to Trademark a Restaurant Name (2026 Guide)
Your restaurant's name and logo are the brand customers remember and recommend. This guide shows you exactly how to protect them with a federal USPTO trademark — the right class, the search, and the filing.
Free Trademark Search →Why restaurant names need a registered trademark
A federal trademark gives you nationwide exclusive rights to your restaurant's name and logo, stops competitors from opening under a confusingly similar name as you expand or franchise, and protects the reputation you build with every guest. Restaurant names are heavily contested and U.S. rights are largely first-to-file, so clearing and registering yours early secures your priority date.
Which class do you file in? (Class 43 — plus extras)
Restaurant and bar services are Class 43. The moment you sell packaged products — a signature sauce, branded coffee, or merch — you add Class 29 or 30 (food goods). Franchising or branded retail can add Class 35. Map every part of your business to a class before filing, because your protection only covers what you register.
How to file, step by step
1. Run a comprehensive search. Check the USPTO database, state registers, and common-law uses for conflicting restaurant marks, including phonetic matches, so you avoid the costly scenario of rebranding after building local goodwill. 2. Choose your classes. Class 43 at minimum, plus 29/30 or 35 if they apply. 3. File your name and logo. Register the name as a word mark and the logo as a design mark. Same-day filing is available with Secure Mark USA.
Ready to protect your restaurant brand?
Lock in your restaurant's name with a federal trademark from $99 plus government fees.
Start Your RegistrationFrequently asked questions
What class do I trademark a restaurant name in?
Restaurant and bar services fall under USPTO Class 43. Packaged food products may add Class 29 or 30, and franchising or retail can add Class 35.
Can two restaurants have the same name?
Sometimes, if they operate in different regions without consumer confusion — but a federal trademark gives you nationwide rights and stops new competitors from using a confusingly similar name as you expand.
How much does it cost to trademark a restaurant name?
Secure Mark USA's service starts at $99 plus the USPTO fee of $350 per class. A single-location restaurant often files in one class (43).
Should I trademark my restaurant name before opening?
Yes, ideally. Restaurant names are heavily contested and U.S. rights are largely first-to-file, so filing early secures your priority date.
Do I need a lawyer to trademark a restaurant name?
U.S.-domiciled applicants are not required to use an attorney. Secure Mark USA provides expert filing support and is not a law firm.
Helpful resources
Trademark Registration Free Trademark Search Trademark Classes Trademark Cost Trademark Monitoring
Protect your restaurant brand today
Secure Mark USA makes federal trademark registration simple, fast, and affordable for restaurants and food businesses.
Free Trademark Search →