Name It, Claim It, Protect It: A Legal Guide for Hospitality Operators

A few weeks ago we published an article “Why Your Bar's Name Matters More Than You Think” discussing the importance of the name of your establishment. But protecting that name is as important as the name itself. As an operator myself, I’ve had to deal with another operator trying to use our name and even our font — it was a massive wake up call.

Here’s the thing, contrary to what courtroom TV dramas would have you believe, legal dealings are rarely exciting. What follows is a vital discourse from Hamutal Lieberman, a trademark, brand protection, and litigation attorney in NYC, on how to navigate protecting your name, from tail to nose, what to do should the unexpected arise, and when to get lawyers involved. 

This is the less sexy part of the business that doesn’t get as much attention as it should. We all want to talk about culture and recipes, but we also need to understand how to protect the business that copious amounts of money and countless hours have been spent creating. 

A great business name is more than just a label — it’s an asset. It reflects your brand, reputation, and the trust you build with your customers. For businesses in the hospitality industry, where customer loyalty and brand recognition are critical, protecting your name isn’t just a legal necessity, it’s a strategic imperative.

Unfortunately, many business owners skip or rush the process of name protection, leaving themselves vulnerable to costly legal disputes, forced rebranding, and lost goodwill. Here’s what every hospitality entrepreneur should know about protecting their business name, from initial DIY steps to knowing when it’s time to call in a trademark attorney.

Your business name represents your identity in the marketplace. When protected correctly, it becomes a powerful tool that:

Without protection, you may be forced to rebrand — even years after launching — if another business with superior trademark rights challenges you.

Before registering your name or investing in marketing, start with a basic trademark search. Here’s how:

1. Search the USPTO Database 

The U.S. Patent and Trademark Office (USPTO) offers a free online tool called TESS (Trademark Electronic Search System). Look up your desired business name, and check for:

2. Check Business Registries

Many states have business entity search tools. Make sure your name isn’t already registered locally, especially in the state(s) where you operate.

3. Google It

This may sound obvious, but searching your name (and variations) online can surface businesses that aren’t federally registered but still hold common law rights, especially in specific regions.

4. Scan Domain and Social Media Availability

Even if your name is legally clear, you’ll want matching (or similar) domains and social media handles for brand consistency.

These steps won’t guarantee legal clearance, but they help reduce risk and can prevent you from investing in a name that’s clearly taken.

A trademark attorney adds value well beyond filing paperwork. Here’s when professional legal help is highly recommended:

1. You Receive a USPTO Office Action

If your trademark application triggers an “Office Action,” it means the USPTO found issues that could block your registration. Common reasons include:

You’ll need to respond with legal arguments and possibly evidence. While you can technically do this yourself, hiring an attorney increases your chances of overcoming the objection — and avoiding future disputes.

2. You Receive a Cease-and-Desist Letter

If another company believes your name infringes on theirs, they might send a cease-and-desist letter. Don’t ignore it or respond emotionally. A trademark attorney can assess the claim, help you respond appropriately, and protect your interests.

3. You Want Full Protection (Beyond the Basics)

An attorney can:

Even large companies have been forced to rebrand after trademark challenges. Here are two notable examples from the hospitality world that underscore why getting name protection right matters from day one.

Example 1: Hilton’s “Denizen Hotels” Trademark Trouble

In 2009, Hilton launched a new lifestyle brand called Denizen Hotels, aimed at young, urban travelers. Shortly after the announcement, Starwood Hotels sued Hilton, alleging that the concept and name were developed using stolen trade secrets from former Starwood executives.

Though the lawsuit wasn’t based purely on trademark conflict, the result was the same: Hilton had to abandon the Denizen name entirely. The brand never launched, and Hilton paid a $75 million settlement. This high-profile case shows how a lack of diligence — or improper conduct — during brand development can derail even the most promising launches.

Example 2: Taco John's vs. Taco Tuesday

While not a rebrand in the traditional sense, Taco John’s long-standing claim to the phrase “Taco Tuesday” forced smaller businesses and even major players like Taco Bell to tread carefully. In 2023, Taco Bell filed a legal petition to cancel the trademark, arguing the term had become too generic.

Eventually, Taco John’s gave up the trademark amid mounting legal costs and public pressure. Although Taco Bell wasn’t forced to rebrand, the situation illustrates how trademark disputes — even over common phrases — can spark legal battles and drive major decisions in branding strategy.

Protecting your business name is one of the smartest steps you can take when launching or growing a hospitality business. It sets the foundation for a strong, defensible brand. While some aspects, like a preliminary search, can be done on your own, involving an attorney for legal objections or full trademark registration can save you from costly headaches down the line.

Whether you’re opening a boutique hotel, launching a new café chain, or developing a hospitality tech platform, your name is your story. Make sure you own it.