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Hi Helen,

To add just a little further to the previous posts – your initial post referenced ‘franchising the idea’ – protecting an idea itself is not as simple as it may seem. Trademarks are just one type of ‘intellectual property’; If there is something particularly new about your restaurant – not done before, there may be other areas to look at.

In terms of the trademark protection, as the previous posts have advised – it’s important to ensure that the name you select is available – especially when considering franchising in the future. Trademark registration grants you (the owner) the right to Use and Control the use of the particular name (or logo or tagline etc etc); Controlling the use can include licensing to others (such as franchisees) as well as taking action against others if found to be infringing your trademark.

In a franchise situation the potential consequences to not registering your trademark could be quite devestating, as it wouldn’t only be you and your immediate business affected but all of your franchisees, in the event a situation arose that saw you having to cease use of the name.

Our office is not a law firm – we act as consultants in the area of Trademarks and have made available a free trademark search at our website to determine any immediate and obvious issues – this is at no cost and no obligation to proceed further. If you would like to have the free search conducted please complete the request form at


We have also published information about the registration process in Australia etc, but believe this has been covered from the links shown in the previous posts.

Look forward to following this thread further and seeing this progress for you!