if have a bar (pub)that is very different can you patent the bar?

Question

or trademark the bar so only you could open more of them

Answer 1

No.

A patent only applies to a physical device or process. Let's put it this way - a patent is something that you would have to tell someone how to do. You can't patent, say, 'green paint on a house' because everyone knows how to paint houses green.

You can get a trademark, but a trademark only prevents people from using your name or logo in a way that would cause confusion in the marketplace. They can produce a product or a service that is otherwise largely identical, if they wish.

Most franchises work by selling the products to the individual outlets. Which again requires that you be a producer of those products.

If you just have some unusual theme or combination of services, then you are out of luck.

Answer 2

Patent, no - that's only for inventions/processes. Trademark, yes; however, the trademark is restricted only to certain elements - logo, marketing, likeness, etc.

In the 1980s, someone came up with the idea of combining an arcade with a pizza parlor aimed at the kids market - Pizza Time, Chuck E. Cheese, and a slew of imitators cashed in on the idea. Much the same thing happened when TGI Friday, Ruby Tuesday, Appleby's, etc presented the family restaurant with a 'unique and folksy' image... Basically, you're not going to be able to trademark basic elements of presentation. It really depends how it is "different" and what is used to make it so.

Hope that helps!

Answer 3

Sure, you can trademark the name. If you design the decor yourself, you can copyright it.

Answer 4

You can patent anything providing that it your idea and it is original.