Secrets to Protecting Your Milk Tea Brand and Recipe
In today’s fiercely competitive milk tea market, building a unique brand and preserving trade secrets are crucial for business survival. However, many shop owners still lack awareness of the importance of copyright registration—specifically, which intellectual property rights must be protected to prevent name plagiarism, recipe theft, or unfair competition. In this article, DEDICA explains in detail the types of intellectual property rights that a milk tea store should register to effectively protect its brand name, recipe, and visual identity.
Trademark Registration Is the First Shield to Protect Your Brand Name
A trademark is the most important tool to distinguish your milk tea shop from competitors. It’s not just the name on the signboard but includes the logo, slogan, and any element that consumers associate with your brand.
What Elements Should Be Registered as Trademarks?
Milk tea shops should consider registering:
Brand name: e.g., “Brown Milk Tea,” “Panda Milk Tea”
Logo: the symbol associated with the name
Slogan: such as “One Sip – One Emotion”
These should be registered under appropriate trademark classes, namely Class 43 (restaurant and beverage services) and Class 30 if you sell bottled or packaged products.
Can Milk Tea Recipes Be Copyrighted?
A basic recipe (ingredient list and proportions) usually doesn’t meet the criteria for copyright protection in Vietnam, as it’s not considered a creative work with artistic or literary value. However, if the recipe is presented in the form of a guidebook, training materials, or includes visual layout and design elements, it may be eligible for copyright as a “written work.”
How to Protect the Recipe Internally
In practice, trade secrets like recipes are often protected by:
Non-disclosure agreements (NDAs)
Employment contracts with confidentiality clauses
These legal tools provide a basis for action in case of internal breaches. It’s also important to implement internal controls: divide the recipe steps, limit access to ingredients, and restrict information based on employee roles.
Visual Identity Is a Powerful Brand Asset
Beyond the name and recipe, your visual elements must also be protected from copying—such as cup designs, uniforms, store layout, and mascots.
What Can Be Registered as Copyrighted Works?
You may register:
Cup and take-away bag designs
Mascots or brand characters
Menu designs, posters, marketing materials
These can be protected as applied art if self-created or designed by hired professionals with clear ownership transfers.
Don’t Forget Domain and Social Media Account Registration
In the digital age, many businesses suffer from domain or social media handle hijacking, especially when expanding. Register your website, Facebook page, Instagram, TikTok, etc., early to maintain control over your brand in digital space.
IP Protection Registration Process
Steps to register trademarks or copyrights:
Search availability (avoid duplication or rejection)
Prepare required documentation
File at the Intellectual Property Office (or via legal representative)
Monitor and respond during the examination process
New shops should register from the start to avoid losing their rights to others.
DEDICA’s Legal Advice for Milk Tea Shop Owners
To protect your uniqueness and build a sustainable brand, every milk tea business should:
Register trademarks early, and expand coverage if franchising
Safeguard recipes via contracts, NDAs, and internal control
Copyright creative assets like packaging, mascots, and ads
Partnering with a reliable legal advisor from the beginning helps save time, avoid costly mistakes, and prevent loss of brand rights in your own market.
Own a unique milk tea brand and want to protect it from imitation?
Let DEDICA guide you—from IP strategy to registration and dispute resolution. With experience assisting hundreds of F&B businesses, we provide practical, sustainable, and effective legal solutions tailored to your brand.
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