When most people think of trademarks, they imagine logos and brand names. However, trademark rights in the U.S. extend beyond these basics. One powerful form of protection is something called “Trade Dress,” which safeguards the visual appearance and overall look and feel of a business, including restaurants. For restaurant and brick and morter store owners, this means that with proper strategy, the distinctive elements of your establishment can be protected from copycats.
Trade dress covers the total image of a business. This can include everything from architecture and signage to decor, color schemes, and even employee uniforms. Some well-known examples include McDonald’s iconic golden arches, Waffle House’s recognizable yellow signage and black tile interior, and the distinctive bucket design and red-and-white color scheme of KFC. These elements are not just design choices — they’re key parts of each brand’s identity, protected by law, through Trade Dress.
In today’s competitive restaurant industry, where ambiance, vibe, and customer experience matter as much as the food, trade dress protection helps restaurants maintain their unique appeal. Protecting these visual aspects ensures that no competitor can copy the design elements that distinguish your restaurant from others. For example, McDonald’s has used its trade dress protection to maintain the consistency of its stores’ appearance globally, reinforcing its brand and driving customer loyalty. When you walk into a McDonald’s in any country in the world, you immediately recognize the brand, and know where you are and what you can order (one Big Mac, please).
To qualify for trade dress protection, your restaurant’s design must be both distinctive and non-functional. This means that elements like the layout or signage can’t be solely functional but must give your establishment a unique look and identity.
If you want to protect your restaurant’s trade dress, consulting with a trademark lawyer is crucial. An experienced attorney can help you navigate the complexities of filing for trade dress protection, ensuring that the design and feel of your restaurant are legally safeguarded as a vital part of your brand. For more information about trade dress or trademark protection, contact us at Joseph Legal PLLC.