How do I get a patent for a business name and recipe?

It is unlikely that you require a patent for your business. See the link for types of intellectual property. Most likely you need a trademark on the name. You can check the US Patent and Trademark Office for conflicting marks. Regarding the recipe, they are usually protected as trade secrets and agreements with employees. A copyright would protect the writting but would put the recipe in the public domain. I would contact a local attorney that handles franchising, intellectual property and business organizations to assist you.

Neither a business name or a recipe are proper subjects for patent protection. The business name, if also used to identify the goods or services, can be protected as a trademark or service mark. There is protection available at the federal and state levels via a registration process. You also have common law rights that arise without a registration process, but are limited in scope.

A recipe, just like KFC's secret blend of herbs and spices and Coca-Cola's syrup formula, is protected as a trade secret. To do this you need to plan and implement a trade secret protection program. If these proprietary assets (trademark/service mark and recipe) have demonstrated value in the marketplace, then you might consider franchising as a way to quickly expand and capture market share before others do. Consult with a franchise attorney or franchise expert about your situation.

Kevin B. Murphy, B.S., M.B.A., J.D.
Mr. Franchise

The business name would be protected by a trademark.

The recipe could be protected by a process patent, but more likely would be best kept as a trade secret.

All of these require strict legal action and can be complicated.