How to Register a Trademark for Korean and Japanese Restaurants in Vietnam
In the context of rapid F&B industry growth in Vietnam, especially in the Korean and Japanese restaurant segment, registering a trademark is not only a measure to protect the brand but also a strategic step to expand the business. Failing to register the trademark early may result in risks such as brand name theft, loss of ownership rights, or difficulties in franchising and expanding the chain. This article provides essential knowledge and procedural advice to help Korean and Japanese restaurant owners in Vietnam properly register their trademarks.
Why Korean and Japanese Restaurants Should Register Trademarks Early
In the F&B sector, particularly in Korean and Japanese cuisine, known for its stylish presentation and impressive naming, a trademark plays a crucial role in making a brand stand out and stay in customers' minds. A Korean or Japanese-sounding name with a unique logo can instantly attract attention. However, without trademark registration, these brand elements are not legally protected.
Trademark registration helps restaurant owners to:
Legally confirm ownership of their brand name, logo, and slogan.
Prevent others from using, copying, or registering their brand unlawfully.
Establish a solid legal foundation for franchising or chain development.
Increase the brand's asset value in the eyes of investors or partners.
What Can Be Registered as a Trademark for Korean–Japanese Restaurants
A trademark is a sign used to distinguish products or services of different business entities. For restaurants, trademarks can include:
Restaurant names in Korean, Japanese, or their Vietnamese transliterations.
Visual elements such as logos, food symbols, or cultural images.
Brand slogans or taglines.
To be protected, a trademark must be distinctive and not identical or similar to previously registered trademarks. Therefore, a trademark search is recommended before submission to assess its registrability.
Trademark Registration Procedure for Korean–Japanese Restaurants in Vietnam
Trademark registration typically involves the following steps:
Preparing Application Documents
Trademark application form (per official template).
Trademark sample (also in digital format).
List of services – for restaurants, this is class 43 under the Nice Classification.
Proof of right to file (if filed on behalf of a company or other individual).
Power of attorney (if using a representative organization).
Proof of payment of government fees.
Submitting to the Intellectual Property Office
Submit by post, in person at the IP Office, or online via the e-filing system.
Monitoring and Handling the Examination Process
Formality examination: 1–2 months.
Publication: about 2 months after formal acceptance.
Substantive examination: around 9–12 months after publication.
Trademark certificate is issued if no oppositions arise.
Key Timelines to Note
Trademark registration may take 12–18 months, depending on the case.
During this time, provisional protection applies once the application is published.
Note on Service Class for Restaurant Trademarks
One common mistake is selecting the wrong class. For Korean–Japanese restaurants, class 43 (restaurant, food, and beverage services) should be selected. Registering under the wrong class may leave the trademark unprotected in the correct business field.
If the restaurant sells branded packaged products (e.g., sauces, kimchi, seaweed, Japanese tea), consider registering under other relevant classes like 29 or 30.
Tips on Naming a Trademark for Better Approval Chances
When naming the restaurant brand:
Avoid purely descriptive names like “Sushi Shop” or “Spicy Chicken Place” as they lack distinctiveness.
Prefer unique names that blend Korean/Japanese sounds with Vietnamese or exclusive words.
Avoid prohibited symbols (flags, national emblems) or offensive language.
Design logos with unique shapes and colors to boost recognizability and protection.
Rejection Scenarios and How to Handle Them
Common reasons for rejection:
Confusing similarity to existing trademarks.
Lack of distinctiveness; descriptive content.
Violations of prohibited forms or content.
In such cases, applicants may:
Submit counterarguments.
Modify or supplement the trademark.
Redesign or rename and refile.
For complex cases, it's advisable to seek help from legal experts or IP representatives to increase success chances.
If you are running a Korean–Japanese restaurant in Vietnam and want your brand to be legally protected, contact DEDICA’s legal team for step-by-step consultation. Registering a trademark is not just a procedural task—it’s a foundation for brand protection, system expansion, and customer trust. In today’s competitive market, failure to secure your brand early could result in legal risks or loss of commercial advantage. Start from the foundation—register your trademark correctly and legally.
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