[Hungry4Money]

what do you do so that no one will copy a restaurant name that you thought of? for example ive seen a restaurant/bar named teddy's in 2 locations but different owners. is it copyright..patent? im confused. also anyone here with restaurant business?

[partypimp]

For this you will need a trademark.

A trademark includes any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

So by creating a unique name, you can then make this a Trademark for quite a small fee. Be a little weary of some names like 'MecDonalds' if your seeling burgers etc, as you can be liable to large court cases.

Ash

[Envydia]

Get a trademark and don't take any chances

[Hungry4Money]

if there is already a fastfood name called "Mcdonald's" can a person name a non fastfood..for example he has a Clothing business and made his brand "Mcdonalds" is he guilty of copying? is there a website to check if a trademark is already taken?

[partypimp]

From my knowledge, yes you can use the name, but nothing they have trademarked or similar.

So you cant use their artwork or similar artwork 'ie golden arched (M)' on your clothing line. The trademark there is stop product confusion and to stop the trademark owner being associated with products that are not linked to the business name. If you have seen 'Coming to America', with Eddie Murphy, the store was a rip off of McDonalds so they would be closed down normally, or face legal battles.

Get a trademark and Google to find a site that can do this for you.

[JaytheCreative]

The McDonald's name can be used if you are NOT in ANY WAY a competitor of McDonalds (Anyway constitutes any industry or market McDonald's is directly operating in, and some cases, even if a McDonald's subsidary that is owned by the McDonald's trademark and copyrights).

If you do use McDonald's make sure u do not use, as mentioned, any brand design etc. that could be mistaken for the McDonald's Corp. So, be careful with color choice, font style, logos/slogans, advertising/marketing strategies, etc.

In this example...I would probably do "McDonald's Clothing", "McDonald Designs", etc.

I got involed with trademarks and the legal aspect of brand management for a short while with a small company and had to do critical research because we had been stepping on the toes of a major manufacturer. Of course, all problems were resolved. The issue was with usage of their brand, and insurance politics.

Anyhoo', when in doubt ALWAYS seek expert advise, or look for a more certain and safer alternative.

EDIT: checkout: businessjurist.com, which should have the info u're looking on about trademarks, copyrights, etc.

[The Stealthy One]

Originally Posted by Hungry4Money

what do you do so that no one will copy a restaurant name that you thought of? for example ive seen a restaurant/bar named teddy's in 2 locations but different owners. is it copyright..patent? im confused. also anyone here with restaurant business?

There's really nothing you can do if they're in different places. If either of them ever decided to go on an expansion binge, one would have to cede the name, but when they're just local joints, there's really nothing illegal going on.

[etechsupport]

I think its better to register a new name instead of using any branded domain name. There are still many domain name and tld extensions that you might prefer to pick one of them, if you do some brainstorming.