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[dopard]

I am self-publishing a cookbook and adding a "TM" next to a portion of the title as well to a recipe which is used as a base ingredient for a number of my recipes.  I have secured the domain name for that portion of the title which I am claiming as a TM.  
In searching the USPTO website, I found only one similar registered use of a portion of my title.  My title has 3 words (not used in the possessive), and the first two words (used in the possessive form) have been registered to a small mom and pop restaurant on the other side of the country.  
My questions are: 1) should I seek registration of my mark?
2) if the mark is not identical, uses different font, and is used for a cookbook title and recipe, not for an individual restaurant, should I have a problem registering my mark?
3) should I seek a patent for the recipe?

Thanks for your help!!!

~struggling chef and author

[JSonnabend]

Ah, a question close to my heart (I'm a classicly trained chef and former chef-owner).  Now, returning to my present life as an IP attorney:

should I seek registration of my mark?

Titles of literary works are not registerable (nor protectible) as trademarks in-and-of themselves.  Titles of series of books may be, as might be certain other cook-book related titles.

if the mark is not identical, uses different font, and is used for a cookbook title and recipe, not for an individual restaurant, should I have a problem registering my mark?

The test for registerability in regards to previously registered marks is "likelihood of confusion".  If your mark would likely be confusing with the senior registered mark, you'll be denied registration (and perhaps sued for infringement if you use the mark).  Fonts and colors generally don't affect the analysis, and cookbooks are closely enough related to restaurant services that I think the two are almost one and the same these days, practically speaking.

should I seek a patent for the recipe?

You can seek a patent for a recipe, but very few recipes qualify.

- Jeff