to frequent your service window solely on the basis of the name you select.
In the following sections, I explain how to create a list of name options for your business; you can then research those names to see whether you can use any of them legally. If you find one that works, you can then register it.
So how do you choose the right name? Although opinions differ regarding how to come up with the right name for your truck, the following steps steer you in the right direction:
1. Brainstorm.
Think about how you want people to feel when they hear about your truck or cart. Write down these words on a legal pad and then categorize them by primary meaning.
2. Relate.
Think about related words and phrases that evoke the feelings you want. Hit the thesaurus and find all the synonyms for the words and phrases you identified in Step 1.
3. Relate more.
Find out the Greek and Latin translations of your words or translate them into the language of the country your cuisine is based on. Figure out what colors, gemstones, plants, animals, and so forth relate to your words.
4. Experiment.
Start playing with combinations of your various words and partial words. Don’t be judgmental now – just make your list.
5. Reflect.
Review your list and give some thought to each name. How does it make you feel when you hear it?
As you sort through the names you created with the help of the preceding list, keep in mind that your business’s name should be a reflection of who you are and what you do. It should give your customers an idea of what to expect when they walk up to your service window. For example, don’t call your truck “Ocean Breeze” if you don’t have any seafood on the menu. Certain names conjure up certain images. You want those images to lead your customer base to you and your rolling bistro.
You want your name to be easy to remember. Make it as easy as possible for your customers to be able to tell their friends and family about the great new truck they found. Even if they can’t remember exactly where you were located, if they can remember the name, they can always look you up online. Your name should stick with them long after their meal has ended. (Likewise, the name should be easy to spell. If it has an unusual spelling, people will have a hard time looking it up.)
Selecting the right name from your list is largely a matter of personal preference. Some people want to include their own name as part of the mobile restaurant name. Others may use the location of the business or even something that reflects the history of the area they usually do business in. No matter what, keep in mind that you’re creating a new brand, so make sure the name is memorable and has positive connotations. (And if it contains a foreign word, make sure it doesn’t mean something bad in another language!)
Before you fall in love with the name you’ve chosen and rush out to print business cards and start advertising, you need to do a little research. You need to make sure that name you really like isn’t already registered by someone else. Bypassing this step can mean fines for copyright infringement, plus having to spend time and money to change your name. (A U.S. trademark or service mark costs $325 – a drop in the bucket compared to the cost of defending your name in court later.)
❯❯ Do any trademark registrations exist that may prohibit you from using your proposed name?
❯❯ Is your proposed name eligible for registration with the United States Patent and Trademark Office (USPTO) so you’ll be able to enforce and defend your name?
❯❯ Does your proposed name infringe on any common law trademark rights?
You can start your research on your own by searching online; just type your desired name into your favorite search engine and see what pops up. In addition, some professional search organizations, such as Legal Zoom (www.legalzoom.com), specialize in doing research on company names.
A search of the USPTO’s trademark records (www.uspto.gov) is also a good starting point because it helps you identify trademarks that were previously granted or denied registration. If any registered trademark is identical to your proposed name or might lead to consumer confusion, you may be infringing on another’s trademark. (Note that the test for trademark infringement doesn’t require two names to be identical but only confusingly similar to the consumer; the spelling doesn’t have to be the same.)
During your investigation, you may notice that certain descriptive terms and geographic designations aren’t eligible for trademark protection; this is because the underlying policy of the USPTO is to allow business owners to use descriptive terms and names to describe their businesses. For example, “Los Angeles Tacos” would likely be refused trademark registration because “Tacos” is descriptive of the food and “Los Angeles” names the location. This issue is prevalent in the food service industry because many restaurant and food truck owners choose names with descriptive terms, such as “Bar and Grill,” “Mediterranean Cuisine,” “Denver Steakhouse,” and so on. Therefore, to increase your chances of obtaining registration through the USPTO (which is a great tool for future expansion because it provides legal protection throughout the United States), use fewer descriptive terms and geographic designations. Instead, consider a unique alternative, such as making up a word.
Be aware that other food trucks or restaurants that haven’t secured federal trademark registrations may still acquire common law rights within limited geographic regions through their use of a name. In this case, you may be prohibited from using a similar name within a given region. With this point in mind, search online to find businesses that haven’t registered their trademarks through the USPTO but may still have common law rights.
If the name you’ve decided on is available, register it with your state’s Secretary of State office, then register it with the USPTO. After your trademark is registered, it stays registered to you as long as you file a renewal every ten years.
Another Possibility: Joining a Franchise
For many would-be food truck owners who have little to no business background, a food truck franchise can present the perfect opportunity to open their own food truck due to the ease in replicating their menu items and service. Mobile food