For many restaurant owners, branding and innovation are just as important as quality ingredients and excellent service. From your restaurant’s name to your menu design, these assets make up your intellectual property (IP), and they can be just as valuable as the food you serve.
In the competitive world of hospitality, protecting your intellectual property isn’t just smart business; it’s essential. Without legal protections in place, your brand, reputation, and even your signature items could be at risk.
Why IP Protection Matters: A Lesson from IHOP
One well-known example of intellectual property enforcement comes from the International House of Pancakes (IHOP). In 2010, IHOP sued a religious group called the International House of Prayer for trademark infringement, arguing that the group’s use of “IHOP” created brand confusion.
While the parties eventually reached a private resolution, the case illustrates how seriously national restaurant brands take IP and how even smaller businesses should do the same. Whether you’re a regional diner or a fast-growing concept with franchise potential, your name, image, and identity deserve protection.
What Types of Intellectual Property Should Restaurants Protect?
Running a successful restaurant isn’t just about great food and service—it’s also about protecting the creative and brand assets that make your business unique. Restaurants possess several forms of intellectual property (IP) that are essential to their identity and profitability. From signature dish names to the vibe of your dining space, here’s a breakdown of the core types of IP that restaurants should consider safeguarding.
Brand Identity and Signature Names
A restaurant’s name, logo, slogan, and even specific menu item names contribute to its brand identity, and those are all assets worth protecting. These elements distinguish you in a crowded market and help build customer loyalty. When properly protected, they also prevent competitors from copying or diluting your brand.
Consider how large chains handle this: IHOP holds a federal trademark for ROOTY TOOTY FRESH ‘N FRUITY, Denny’s protects MOONS OVER MY HAMMY, and McDonald’s famously owns the BIG MAC. These names are more than clever branding—they’re powerful identifiers backed by legal rights.
Disputes over branded dishes are not uncommon. Carl’s Jr. was recently involved in litigation over its use of “Western Bacon Cheeseburger,” while Burger Keeper, LLC—owner of the FIVE NAPKIN BURGER trademark—sued a competitor marketing a “Six Napkin Burger.” That case ended in a consent judgment barring the use of similar branding. These examples underscore the value of brand identifiers and the importance of defending them when challenged.
Restaurant Atmosphere and Visual Style
A restaurant’s visual environment—its color palette, furniture, décor, packaging, and employee uniforms—can be just as iconic as its food. These design elements contribute to the overall customer experience and can become part of your identity in the minds of patrons.
If your restaurant has a consistent and recognizable aesthetic, it may qualify for trade dress protection. Think of a modern fast-casual chain with industrial lighting, reclaimed wood tables, and bold typography. If another restaurant mimics that same look to confuse or capitalize on your reputation, you may have legal grounds to enforce your rights—provided your design is distinctive and non-functional.
Protecting your restaurant’s ambiance ensures that no one else can create a confusingly similar experience that capitalizes on the brand image you’ve cultivated.
Creative Content and Marketing Materials
Menus aren’t just lists of dishes—they’re curated expressions of your brand. The layout, typography, descriptions, and imagery you use all fall under creative content. The same goes for your website content, social media visuals, email campaigns, ad jingles, and photographs used for promotional purposes.
These materials are generally protected by copyright the moment they’re created, but formal registration adds additional enforcement tools. For restaurants that invest in storytelling and well-designed branding, securing copyright protection ensures that your creative assets remain exclusively yours.
From signature fonts and design elements to custom taglines and ad scripts, protecting your creative content helps maintain the consistency and integrity of your marketing.
Recipes and Behind-the-Scenes Know-How
While most recipes aren’t eligible for patent or copyright protection, they can be treated as trade secrets if you take deliberate steps to keep them confidential. Proprietary recipes, unique preparation methods, kitchen workflows, or sourcing strategies may all qualify as trade secrets.
To protect these internal processes, restaurants should use non-disclosure agreements (NDAs) with employees, vendors, and contractors. You should also limit access to key information and implement policies for handling confidential data.
If your competitive edge depends on a signature sauce, marinade, or prep method, treating it as a trade secret can help preserve its exclusivity—and your advantage in the market.
Why Small Restaurants Should Think Big
Intellectual property is a cornerstone of what makes a restaurant brand valuable. While replicating a hit menu item might not carry the same weight as stealing money from a vault, for many restaurants, their top dishes, branding, and design are the foundation of their success.
Everything from a distinctive logo to a signature interior layout contributes to a brand’s identity. In an industry where imitation is common and trends spread fast, originality isn’t just a creative asset; it’s a business imperative. Protecting that distinctiveness helps safeguard the integrity and long-term value of the brand.
It’s easy to assume that only national chains need to worry about intellectual property, but that mindset can be costly. If your restaurant gains popularity, others may attempt to imitate your brand or menu. Unfortunately, without proper protections, you may have little legal recourse.
Investing in IP protection from the start helps build a more valuable business and can improve your chances of attracting investors, licensing deals, or successful franchising in the future.
Work with IP Attorneys Who Understand Hospitality
Every restaurant is different, and intellectual property law can be complex. That’s why it’s important to work with a legal team that understands both the nuances of IP law and the realities of the hospitality industry.
At Messner Reeves, our experienced IP attorneys regularly work with restaurant owners, chefs, and hospitality groups. Whether you need to register a trademark, secure trade secrets, or resolve an infringement issue, we can guide you through the process and help protect what makes your business unique.
Contact Messner Reeves today to speak with an IP attorney who understands your industry and is ready to help your restaurant succeed.
