The development and protection of brand identity is key to the restaurant industry. Although it may not be apparent to the novice, a restaurant’s profitability is driven by the goodwill generated in the community it serves. Once a restaurant business expands to other locations, the brand awareness increases, and thus the value of the goodwill of the business name also increases.

Consumers come to expect a particular quality of service and similar experience no matter what location they visit. Moreover, because restaurant services are personal in nature, consumers having a good experience are often the restaurants’ best ambassadors and marketers. Often times, restaurants having multiple locations adopt a consistent theme or distinctive decorative style which may qualify for trademark-like protection called trade dress.

Whether the business expands through a corporate ownership model, a manager co-ownership model or a franchise model, quality control and consistency are critical in maintaining the strength of the restaurants’ trademarks and trade dress.