Legal Question in Intellectual Property in Indiana

Hello There,

Under Indiana State Trademark Law, what should I do to display "Acquired Distinctiveness" on the words "Hong Kong Restaurant"? Our business has been in Indiana for 10 years and counting. But, there is this one new restaurant of the same business type of ours(yet to open) down the street that is trying to use an almost identical sign like ours. So, many customers are asking us if it is our second restaurant to be opened.

On a second note, we had submitted a trademark application in the Statte of Indiana and got rejected because "Hong Kong" is a geographical area. Please guide us.

P.s. Since Trademark law is not on your list, we put this undner Copyright Law.


Asked on 8/02/10, 9:14 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Descriptive, generic, family names, etc. need to acquire distinctiveness before registration is possible; you can't just add "acquired distinctiveness" to a sign. McDonalds was in a similar position when it started out. It takes time and money to acquire distinctiveness (i.e. secondary meaning) in the eyes of consumers. Think about creating a unique logo that incorporates "Hong Kong Restaurant." Then you can register the logo. A federal registration is much better as it gives you rights in each and every state in the U.S. These are not self-help matters. Consult with a trademark attorney for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/07/10, 9:38 am


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