Patent Law Advice - Clear Your Name Before Serving Your Food - Advice For Food Service Operators - AJ Parks IP Law

Virtual Entrepreneur:

Registering a trade mark for the name of your food service business has become more important than ever before.

The media has covered several disputes recently over the trading names for restaurants, cafés and bars.

One story involves the owners of a hotel and wine bar down in Otago trading under the name JAFA’S. The owners of JAFA’S were surprised to read a review in the Sunday papers given to Jafa Café in trendy Grey Lynn, Auckland. The Otago business owners had registered a trade mark for JAFA’S in 2005 covering bar, restaurant and café services.

The upshot is that the Grey Lynn café is now looking for a new name, and has asked its patrons for suggestions.

Because of another battle, an Auckland food and cake producer has changed its name. The owners had been using the name Brown Sugar for their business blissfully unaware of a well-known restaurant and café business in Taihape trading as Brown Sugar Café since 1997.

The Taihape business registered a trade mark for BROWN SUGAR in 2001 for preparing and making food. The business activities of the Auckland food and cake makers infringed this trade mark registration so they have now decided to change their name.

Another similar situation has seen a court battle between the Blenheim owners of a 2003 trade mark registration for LIVING ROOM and a trendy bar in Auckland trading under the name of The Living Room. Read full article.