Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Industry & business guides guide
Short answer: Clear the name with a trademark search, then file a federal application for restaurant services in Class 43. If you also sell packaged food, sauces, or merchandise, add the classes for those products. Registering early matters because restaurant names are crowded and copied often.
For Twin Cities restaurants, breweries, and food trucks, a Twin Cities trademark attorney can tell you quickly whether your name is available and registrable.
Why restaurant names need protection
Restaurant names build word-of-mouth fast, and that makes them easy targets. A second location, a catering business, or a packaged sauce line all trade on the name. Without a federal registration, your rights may stop at your neighborhood, and someone else could register the name and block your expansion.
Which classes does a restaurant need?
- Class 43: restaurant, bar, catering, and food truck services.
- Classes 29 and 30: packaged foods such as sauces, spice blends, baked goods, or frozen meals.
- Class 32 or 33: house-made beverages sold off-premises, such as beer or spirits.
- Class 25: branded apparel.
What makes a restaurant name hard to register?
- Descriptive names: “Twin Cities Pizza” or “Fresh Tacos” describe the food or the place.
- Geographic names: a city or neighborhood name for food served there is often refused.
- Surnames: “Anderson’s Kitchen” may face a surname refusal.
- Crowded fields: dozens of restaurants share common words like “Grill” or “Kitchen.” See how to choose a strong trademark.
A Minnesota trademark lawyer can suggest small changes that make a name far more protectable.
Does a Minnesota assumed name or LLC protect my restaurant name?
No. Filing an LLC or assumed name with the Minnesota Secretary of State does not give you trademark rights. See does registering my LLC protect my trademark?.
How a Twin Cities trademark lawyer helps restaurant owners
A Twin Cities trademark attorney can run a clearance search before you print menus and signs, file in the right classes, and handle office actions. If a copycat opens up the road, the same Twin Cities trademark lawyer can send the letter.
Every Minnesota trademark lawyer has seen a restaurant forced to rebrand after a year of building a following — a Twin Cities trademark attorney can help you avoid becoming that story.
Frequently asked questions
What trademark class is a restaurant?
Restaurant, bar, catering, and food truck services are in Class 43. Packaged food products sold separately fall in other classes, such as 29 and 30.
Can two restaurants have the same name?
Sometimes, if they are in different areas and neither has a federal registration. A federal registration gives nationwide rights and can stop later restaurants from using a confusingly similar name.
Do I need a Twin Cities trademark lawyer before opening a restaurant?
It is not required, but a Minnesota trademark lawyer can clear the name before you invest in signage, menus, and marketing, which is far cheaper than a rebrand.
Can I trademark a food truck name?
Yes. Food truck services are registered the same way as restaurant services, in Class 43.
Opening a restaurant or food truck in the metro? Talk to a Twin Cities trademark lawyer before the sign goes up. Twin Cities Trademarks is a flat-fee Minnesota trademark lawyer team, and a Twin Cities trademark attorney can clear your name in a free consultation.
This article is general information, not legal advice. Every situation is different — talk to a trademark attorney about yours.