Trademark Registration for Restaurants in India

Want to start as a strong player in the food sector? Start with trademark registration. It is more important for restaurants to secure their identity in the market. Starting from the brand name, logo or tagline, securing legal rights ensures no one else can copy your restaurant's identity. In this guide, you will learn about trademark registration for a restaurant.

What is a Trademark?

A trademark is defined as a unique symbol, logo, word or phrase that legally identifies and distinguishes a business or product from others in the market. When you get your trademark registered, you set your restaurant apart from the competitors. Under the Trademark Act 1999, trademark registration safeguards your restaurant's name and identity legally. It also prevents being misused by others.

Why do Restaurants Need Trademark Registration?

The key reasons for a restaurant requiring a trademark are given below.

1. Brand Protection: With a trademark, you can legally secure your restaurant’s name, tagline, logo, or menu design to prevent others from copying it.
2. Unique Identity: In a crowded market, registering your trademark means your customers can easily distinguish you from your competitors.
3. Legal Ownership: With trademark registration, you will get exclusive rights so that you can use your brand’s name. You can also take legal action against infringement.
4. Builds trust and credibility: It is most likely for customers to trust a registered brand, especially if the brand is on online platforms or any other food delivery apps.
5. Business Expansion: With a registered trademark, it is easier for a brand to franchise or expand to other locations without creating any confusion among consumers.  Expanding in turn leads to more brand visibility.

What can be Trademarked for a Restaurant?

If you are a restaurant owner and confused about what you can trademark, the list below will give you some clarity:

1. Restaurant Name
2. Logo and symbol
3. Tagline or slogan
4. Menu name or Signature Dishes
5. Packaging Design
6. Interior Theme or Layout (Trade Dress)

Types of Trademarks in India

The Trade Marks Act, 1999, allows different types of trademarks based on what they represent. Here are the major categories:

1. Product Mark: Used to identify goods. It helps customers trace the product back to its maker and builds brand trust.
2. Word Mark: Protects brand names, taglines, or any word elements used for business, without focusing on design.
3. Sound Mark: Covers specific sounds like jingles or tones that link to a brand in the listener's mind.
4. Service Mark: Used by businesses offering services (not goods), such as banks, consulting firms, or educational institutions.
5. Shape Mark: Protects the distinct shape or structure of a product or its packaging that makes it stand out.
6. Pattern Mark: Covers designs or patterns regularly used on products, making them easy to recognise.
7. Collective Mark: Used by groups or associations to show that the brand belongs to members of that group.
8. Certification Mark: Proves that a product or service meets quality or safety standards set by a certified body (e.g., ISI mark).
1. Device Mark: Includes any visual element like a logo, design, or a mix of text and image that forms a brand symbol.
10. Colour Mark: Protects specific colours or colour combinations closely linked to a brand in the minds of customers.

Where Can a Trademark Be Registered?

A restaurant in India can register its trademark via two modes. The processes are listed below:

• Online mode of filing

To register a trademark for your restaurant, you can apply through the official website, which is the IP India portal. With the online mode of application, you can fill out the form, upload the documents, pay the fees and track the status of your application. Applicants usually prefer the online mode of trademark registration.

• Physical Submission

To physically submit your trademark application, you need to visit any one of the five offices of the Trademark Registrar. The office is located in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad. Different offices handle applications depending on the applicant’s location or jurisdiction.

Trademark Registration for Restaurant

The steps for trademark registration for a restaurant are explained below in detail:

Step 1: Choose a unique Identity for your restaurant

The first step for trademark registration is to choose a unique identity for your restaurant. It could be a logo, slogan, or symbol that reflects the brand. However, this identity needs to be original, which means you cannot copy anything from anywhere. Having a strong brand helps you to stand out in the market and build customers' trust over time.

Step 2: Identify the correct trademark class

While choosing the particular class, you should keep in mind that restaurant services fall under trademark class 43. This class includes services such as food delivery, operating a café, and catering service. However, when you select the wrong class while registering your trademark, it can make the trademark invalid.

Step 3: Conduct Trademark Search

Before you apply for your trademark registration, you need to check the availability of your selected mark. You can check it through the IP India Public Search tool. Doing this step helps you avoid any legal trouble and ensures your mark is original.

Step 4: File the Trademark Application

To file a Trademark registration application, you need to prepare Form TM-A. Either you or your trademark attorney can fill out this form. You need to submit details like logo, applicant info, business address and trademark class.

Step 5: Application Review by Trademark Registrar

After applying, the registrar of trademarks verified the application. The registrar will check for any errors, similarity with existing trademarks, and overall eligibility. If the registrar finds everything fine, the application will move forward. If any issue arises, the registrar will hold the application, and you will be notified.

Step 6: Objection by the Registrar

During the examination process, if the registrar finds any issue like similarity with any existing mark, generic naming, they can raise a formal objection under section 9 or 11 of the Trademarks Act. The notification will also have a date of hearing. One should keep in mind that receiving a notice does not mean rejection, but a chance to explain or defend why they deserve the trademark.

Step 7: Replying to the objections

After receiving the objection, you must reply to it within the period of 30days. In your reply, you should include clarifications, supporting documents and legal reasoning. Keep in mind that a well-drafted reply written by a professional can be more helpful in overcoming the objection. It can also help in avoiding a delay in the hearing. Once the registrar is satisfied with the connections, your application will proceed to the next step. However, a delay in replying might result in holding up the application.

Step 8: Publication in the Trademark Journal

Once the registrar approves the application, it will be published in the Trademark Journal, which is available on the IP India portal. The trademark will remain in the journal for 4 months. In that period, any third party can oppose the trademark.

Step 9: Opposition Notice and Reply

If any person or business opposes your trademark registration, they must file a notice of opposition. Then, the registrar will notify you about the opposition. You must respond to the notice within 2 months. Remember to attach supporting documents for your claim. Step 10: Hearing of Opposition

After replying to the notice of opposition if it persists, the registrar will issue a hearing date. Both parties will be notified about the date. On that date, both parties will put forward their points. If the registrar is satisfied with your counterstatement, the application will move forward to the next step.

Step 11: Registration and certificate issuance

Once the opposition is resolved, the registrar will grant the trademark registration certificate. In your trademark registration certificate, you will receive a unique registration number. With this certificate, your business will be legally protected from infringement.

Fees for trademark Registration

The fees for trademark registration are explained below in detail:

Common Mistakes to Avoid While Registering

While registering for a trademark, keep in mind to avoid the common mistakes:

• Choosing a Generic or Similar Name

When you are registering a trademark, keep in mind to choose a unique name. Most restaurant owners unknowingly choose names that are either similar to or generic to what already exists. For example, if you choose the name Tandoori House, it is a generic name, and a similar trademark might already exist. This results in a delay in the trademark application process. Remember to always choose a name that’s creative, unique and the customer can easily distinguish and understand. You can also use the IP India public search tool to verify the uniqueness of your desired name.

• Not Verifying the Trademark Class

Trademark class 43 covers food service, café and catering businesses. Before filing your trademark application, you should be well aware of your trademark class. While applying, make sure you select the right class. If you file your application under the wrong class, it might result in a delay for trademark registration.

• Submitting Incomplete or Incorrect Documents

While filling out your trademark application, you should always upload accurate and complete documents. If you miss any details such as address proofs, business entity details or logo designs, it can cause a delay in your trademark registration process. Always make sure the document matches the details of the applicant. In such cases, you can hire a professional trademark attorney to help you avoid small mistakes that could result in rejection of your application.

• Ignoring the importance of a Trademark Search

During your application process, you should not skip a trademark search. Remember, if your name or logo looks generic or closely matches an already existing mark, it can get rejected. So before you invest in branding or signage, make sure to conduct thorough research on the IP India Trademark search tool.

• Not Responding to Objections or Oppositions on Time

When you receive an objection or opposition against your trademark application, make sure to reply to it promptly. When you exceed the period of these notices, it can result in abandonment of your application. Ensure to keep track of the application process regularly and respond within the specified time limits. However, when you hire an attorney, handling the objection process will be hassle-free.

Benefits of Trademarking Your Restaurant Name

When you trademark your restaurant’s name, you can enjoy a lot of benefits. The benefits are listed below:

1. Legal Ownership of your Brand Name

With trademark registration, you become the legal owner of your restaurant’s name. You will receive exclusive rights to use the name, logo, or tagline nationwide. Once trademarked, no other restaurants can use a similar name or logo. With this ownership, not only will you get an exclusive right, but you will also help them protect themselves from brand theft and misuse.

2. Gains Credibility and Trust with Customers

When you get a trademark registered, your brand becomes more credible to your customers. Getting a trademark registered gives a signal of professionalism, reliability and quality. In research, it is seen that customers generally remember the brand when they see a ® symbol. Other than that, having a registered trademark makes your brand reputation strong both in the offline and online markets, mainly in food markets like India.

3. Protection against copycats and Brand Infringement

With trademark registration comes the legal power to protect your brand. You can take legal action against anyone copying your brand’s identity. You can send a legal notice or claim damages in court. On the other hand, if you do not have a trademark, you can not take any legal action against any third party copying your brand.

4. Give Long-Term Business Value

Like any other asset, a trademark is an asset of a business. With time, as the number of restaurants grows, the value of a trademarked name also increases. Other than that, a trademark also aids in expanding the brand or attracting investors. Another benefit of a trademark is that you can license or sell it if you wish to rebrand or exit the market.

5. Aids in Online Branding and Digital Marketing

With the increase of social media and other online delivery apps, getting your brand trademark registered will protect your brand's presence in the digital market as well. Having a trademark-registered brand allows you to protect it on platforms like Zomato, Swiggy, Instamart and Google My Business. A trademark also prevents others from misusing your brand's name online.

6. Enables Franchise and Expansion Opportunities

When you plan to expand your business via franchise or different outlets in other locations, having a registered trademark will be beneficial. With this, you can standardise your brand in different branches. It also allows you to license your trademark. Getting trademark registration portrays a consistent brand image in the market. It also helps to prevent confusion among consumers and misuse by partners.

Why Choose Online Legal India for Trademark Registration?

Listed below are the reasons why you should choose Online Legal India for a successful trademark registration:

1. Smooth and complete Online Process

With Online Legal India’s expert team, you can handle every step in the trademark registration process with ease. Starting from checking the availability of the brand name to getting it registered, everything is done online with a smooth and hassle-free process. Around 90% of trademark applicants reported that this saves time and effort as compared to someone who is handling the complex procedures alone.

2. Trusted by lakhs of clients

Serving customers for years, Online Legal India has more than lakhs of satisfied customers across the country. Many reviews praise the simple, hassle-free process of Online Legal India. Other than that, they also provide quick customer support and clear communication throughout the process.

3. Affordable and transparent pricing

When it comes to prices, Online Legal India provides the most affordable. They also provide one of the most affordable rates for trademark registration in India.

4. Professional Support from certified experts

Online Legal India is an ISO Certified brand and a government-recognised brand. They have trained professionals who guide you in every phase of the trademark registration process. This, in turn, helps to ensure smooth, accurate filings and helps to avoid delays or errors in the entire process of trademark registration.

Conclusion

To conclude, trademark registration for a restaurant is not just a legal formality but also a shield that protects your restaurant's identity. With trademark registration, you can stand out in the market. It also helps to build the trust of the customers. It will also keep your brand protected for years. With expert help from Online Legal India, the process of trademark registration will become quick and hassle-free.

FAQs

1. How to Register a Restaurant Name in India?

Ans- If you wish to register your restaurant's name, you should apply for a restaurant trademark on the IP India portal. Choose the appropriate trademark class for restaurants and submit the documents. You can also pay the registration fee via the portal.

2. Which Trademark Class is for Restaurant Services?

Ans- Under the Nice Classification, trademark class 43 covers restaurants, cafés, catering and hospitality services. It is important to choose the right class during the trademark application process to keep your trademark legally protected.

3. What are the Types of trademarks for Restaurants?

Ans: The most common types of trademark are the word mark, the logo mark, taglines, and the combination mark. Different types of trademarks will protect different parts of your restaurant's brand identity.

4. Can I apply for a Trademark for my restaurant name myself?

Ans: Yes, you can apply for your restaurant's trademark yourself. But taking trademark registration service from a trusted service provider such as Online Legal India helps to avoid errors, saves time and also improves the chances of approval.