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What NICE class should I look at to protect a Restaurant or Bar with a Trademark?
- 18 July, 2018
- Nyall Engfield
Get the correct trademark class for Restaurants and Bars
You have worked hard getting known, building an enviable reputation in your area, for your restaurant or bar. What if that was all taken away tomorrow? The only way to know that you have exclusive use of the name of your bar or restaurant is with a federal trademark registration. This certificate means that you can prevent others from using that name nationwide for food and beverage services. However, a trademark for food and beverage services has some unique challenges.
First of all, many company names in the pub and restaurant field are the names or surnames of the owners. Surnames are specifically barred from trademark protection, unless you can show acquired distinctiveness. That means that people attribute a secondary meaning to your name in the field of food and beverage services. They associate it with quality, or a certain area or food style, etc. rather than just a surname. So, before you can get a trademark for a mark that contains a surname, you need to show all the marketing efforts you have made that have given your name that secondary meaning.
Choosing the classifications is also important.You'll need to consider several NICE Classes from the International Classification of Goods and Services, which is used for the registration of trademarks. The NICE Classification system divides goods and services into 45 classes—34 for goods and 11 for services. Your business may require trademarks in multiple classes depending on the range of services and products you offer. Here are some of the most relevant classes for a restaurant and bar:
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Class 43 - Services for providing food and drink; temporary accommodation.
- This is the primary class for restaurants, bars, cafes, and similar establishments that serve food and beverages. It includes services related to the preparation and serving of meals and drinks for consumption on and off the premises.
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Class 32 - Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
- If your restaurant and bar manufacture and sell their own non-alcoholic beverages, such as craft sodas or fresh juices, or if you plan to brand these products for sale outside your establishment, you should consider protection under this class.
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Class 33 - Alcoholic beverages (except beers).
- For establishments that produce and sell their own alcoholic beverages (except for beer), such as wines, spirits, and cocktails, either for consumption within the establishment or for retail.
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Class 30 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
- If your restaurant or bar sells specialty foods, baked goods, confectionery, or any homemade food products, you might need to consider this class for trademark protection.
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Class 29 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats.
- Similar to Class 30, but for establishments that sell or produce packaged or branded food products, including meats, cheeses, and other perishables.
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Class 35 - Advertising; business management; business administration; office functions.
- This class could be relevant for the promotional, marketing, or loyalty program aspects of your business.
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Class 41 - Education; providing of training; entertainment; sporting and cultural activities.
- If your restaurant or bar hosts events, such as cooking classes, wine tastings, or live music performances, you might consider protection under this class to cover the entertainment services you provide.
Locking down your brand will provide your business with security in the future, and will give you an asset that grows in value as your business grows. File a trademark today to protect your restaurant or pub business' brand and goodwill. We're always here to answer questions.
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