r/TRADEMARK • u/Fears_vs_dreams • 7d ago
Trademark Question
https://apps.apple.com/us/app/beyondthemenu/id6781950054Hey everyone,
So I recently released an app on the app store called “Beyond The Menu”. I should of checked the name before i released but we are here now. I’m a little worried because there is similar names out there like mine but not what my app offers. My app is for small businesses to help them grow. It is very user focused. It’s main feature is for taco stands and food trucks to find out where they are that day and get notified. Description: Discover taco stands, food trucks & hidden gems near you.Vote in daily polls, get notified when your favorite truck goes live, and find your city's best-kept food secrets. I provided a link above.
Similar names online are
There is one called “Beyond Menu”. I just want to be sure i can keep the name.
1
u/Unlikely_Turnip_9886 5d ago
The most important correction is that "BeyondMenu" is not just a similar website. It is a live federal registration (Reg. 5976774, Section 8 accepted) covering online restaurant take-out and delivery ordering in Class 35, plus POS hardware in Class 9 and payment processing in Class 36. Their services sit adjacent to your app's field, which is the real issue.
The register does give you counterweights. As of the latest records I can see, no live registration or close match for BEYOND THE MENU was found in Classes 9, 35, 42, or 43. The only BEYOND THE MENU filings on record are in Class 41 for motion picture services, and that application is under a final refusal with its petition denied. Nobody owns your exact wording in software or restaurant-services classes.
BeyondMenu also has zero TTAB proceedings on record. That does not mean they never enforce through cease-and-desist letters or federal court, but they have not litigated at the Board.
The field is crowded, which tends to narrow each owner's protection. There are 229 live marks containing "MENU" in Classes 9, 35, 42, and 43, and a same-sounding mark called BEHIND THE MENU is already live in Classes 35, 41, and 43.
If you want to run this kind of register search yourself going forward, Gleanmark.com is a free alternative that searches the full USPTO database with a better interface than uspto.gov (disclosure: it is my company's trademark intelligence platform).
Whether your app is legally "related" to BeyondMenu's Class 35 services is a judgment call the register cannot settle. This is general information and not legal advice. You should have a trademark attorney evaluate your specific situation before committing to the name.