Benjamin Appelbaum, Attorney at Law

Brunchfast trademarked by Jack in the Box

National statistics indicate that the popularity of breakfast and snacks is increasing. New Jersey commuters may appreciate access to all-day breakfast options at some franchises. Others have introduced new breakfast menus in recent years, entering the competition for those breakfast dollars. Although breakfast items are not new to Jack in the Box, a recent trademark registration suggests that the company may be preparing to increase its focus on this area of its business.

"Brunchfast" is the term that was registered on May 26. The company has not provided any insight on its plans for the phrase, but speculation is focused on the probability of using this term to market morning fare. The company has also been known to create menu items that reflect a brunch theme, including a sandwich merging a chicken patty with bacon and hash browns. With breakfast consumption expected to continue to grow, restaurants may continue to work on branding measures that will allow them to stand out among other businesses with breakfast menus.

Trademark law can be important in business areas that are highly competitive. Brand identification is a crucial approach to marketing and to cultivating customer loyalty, and it is wise to protect business concepts that could otherwise be copied by competitors. A company at any point in the process of developing a new product or concept may find that its ideas warrant trademark research and protection. It is also important to be sure that a potential brand or product name does not infringe on the rights already established by another company.

An individual starting a small business might be unfamiliar with the trademark process. Legal counsel may be helpful for researching a prospective brand or company name to ensure that there will not be a conflict. Additionally, a trademark lawyer can be helpful for dealing with infringements by other businesses.

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

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