tag:blogger.com,1999:blog-4590371583349984410.post2214777735078264793..comments2022-06-18T18:59:32.608+01:00Comments on Sybaricious: Can you Trade Mark a Dish? Or When Can You Not Call a Pho a Pho or a Dirty Burger a Dirty Burger?Sybaricioushttp://www.blogger.com/profile/00191639500350834917noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-4590371583349984410.post-16685643315971884482015-07-06T11:58:34.081+01:002015-07-06T11:58:34.081+01:00I have an idea for a name of a ready meal that is ...I have an idea for a name of a ready meal that is fish based. I would like to sell the concept to a local major company that already is a leader in the field of ready meals. Do I need to get a trademark for my name before going to them with the concept?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4590371583349984410.post-83906285440514633722013-11-28T20:55:01.779+00:002013-11-28T20:55:01.779+00:00So can anyone have a restaurant & claim to ser...So can anyone have a restaurant & claim to serve 'Dirty Burgers' or is this trademark infringement.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4590371583349984410.post-28058750512149521832013-10-14T18:43:27.601+01:002013-10-14T18:43:27.601+01:00This is pretty ridiculous in my opinion. Had it be...This is pretty ridiculous in my opinion. Had it been a logo or a signature dish unique to the restaurant, I'd understand the allegation. But saying that Mo Pho is infringing is like saying no other fish and chips stand can sell fish and chips just because.Chantay Rosell @ Concept Lawhttp://www.conceptlaw.com/noreply@blogger.comtag:blogger.com,1999:blog-4590371583349984410.post-77619426736260024922013-10-07T16:50:32.084+01:002013-10-07T16:50:32.084+01:00Well, that would be particularly tricky thing to a...Well, that would be particularly tricky thing to ask, if that particularly involves a dish you've concocted that a person or a company was able to sell first. When that occurs, try consulting trademark professors and experts regarding this. They will know what's what.<br /><br /><a href="http://www.uktrademarkregistration.co.uk/copyright-name/Trademark-Company-Name-and-Name-Copyright-Advice.aspx" rel="nofollow">Jamie @ UK Trademark Registration</a> Anonymoushttps://www.blogger.com/profile/14214260747034240846noreply@blogger.comtag:blogger.com,1999:blog-4590371583349984410.post-48935574855435732302013-09-24T19:46:31.100+01:002013-09-24T19:46:31.100+01:00Someone just suggest Dishonest Burgers to me! Com...Someone just suggest Dishonest Burgers to me! Complete opposite to an Honest Burgers!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4590371583349984410.post-63925417696273907832013-09-24T19:30:34.986+01:002013-09-24T19:30:34.986+01:00Oh yea- completely agree with you and kavey and th...Oh yea- completely agree with you and kavey and the everyone else on how silly it is to attack anyone using the word pho in its name. But can you TM a generic word if it is used distinctively? Distinctive being the test.<br /><br />Would it possible to trademark something like DUCK or RaMeN or BurGER (in a font and with graphics and a brand that took £££ to design rollout). Its a dish yes, but distinctively used. I'm pretty sure Polpo is a descriptive word, no logo springs to mind but will be done if I tried to open a restaurant called say called Little Polpo. How about Little Social Street (per Jason Atherton sites)<br /><br />I think people are getting confused - though a bit of a mouthful to sat each time, can't believe they TMed Pho for use only in a restaurant. Regarding using in food - doesn't that cover say - if they wanted to see packaged products in super markets perhaps?<br /><br />Could someone retail products, say curries, called PHO as their brand and argue that its pronounced FO not fur?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4590371583349984410.post-81985006981099818482013-09-24T18:20:25.864+01:002013-09-24T18:20:25.864+01:00Hello! Fabulous example, couldn't have put it ...Hello! Fabulous example, couldn't have put it better myself. Although I am disappointed you didn't investigate Roast Beef Productions in Soho, firewall schmirewall.....Sybaricioushttps://www.blogger.com/profile/00191639500350834917noreply@blogger.comtag:blogger.com,1999:blog-4590371583349984410.post-78695326478671967892013-09-24T18:07:06.419+01:002013-09-24T18:07:06.419+01:00I think the problem arises because people historic...I think the problem arises because people historically haven't necessarily been as familiar with more unusual cuisines. Hevster's e.g. below is good one or how about this... Imagine years ago someone had trade marks "Duck" for restaurants and also for food the when The Fat Duck opened they threatened to sue them, we would surely all consider that crazy both from the perspective of how they trade marked "Duck" to begin with and also how anyone could possibly think they would be confused. I also like the Ramen examples people have given on Twitter.Sybaricioushttps://www.blogger.com/profile/00191639500350834917noreply@blogger.comtag:blogger.com,1999:blog-4590371583349984410.post-74056014564268686332013-09-24T18:03:26.778+01:002013-09-24T18:03:26.778+01:00I agree completely, the best brands are invented n...I agree completely, the best brands are invented names. Google and Yahoo meant nothing to anyone a few years ago but are now ubiquitous. Plenty of food examples; Fanta, Marmite, Hawksmoor, Hibiscus the list is endless. One of my favourite restaurant names is Phat Phuc in Chelsea; quirky, naughty but original whilst still indicating the style of food they sell (just down the road from the wonderfully named shoe shop 'R. Soles' which is also fab).Sybaricioushttps://www.blogger.com/profile/00191639500350834917noreply@blogger.comtag:blogger.com,1999:blog-4590371583349984410.post-12107259581123682632013-09-24T16:49:36.540+01:002013-09-24T16:49:36.540+01:00The uproar is because Pho are trying to use their ...The uproar is because Pho are trying to use their trademark not just to stop others opening restaurants with the name Pho or Pho Cafe but any name that includes the word Pho in it. Since pho is the name of a dish, this seems completely ridiculous. There is no likelihood whatsoever of a consumer thinking MoPho Viet Cafe is actually passing off as Pho the restaurant chain.Kaveyhttps://www.blogger.com/profile/16662875905365870280noreply@blogger.comtag:blogger.com,1999:blog-4590371583349984410.post-44968298397089992862013-09-24T16:42:37.227+01:002013-09-24T16:42:37.227+01:00Agree with the first response above - seems a bit ...Agree with the first response above - seems a bit lame and lazy to me too.<br /><br />Pho are in a position that they have chosen to call themselves after a word that is already a common food term. Someone else has come up with a clever use of that common word. I can't see how Pho can think they now own the word 'Pho' when it has been around a lot longer than they have and has been in common usage for ages. I might open a company selling cook-it-yourself noodle soup ready meal packs called 'Pho Kit' just to test their resolve further.<br /><br />Another example for me would be 'Roast'. A fairly common term in food to describe a family of dishes but obviously also the name of a certain eating house in Borough. However there is already another food business called 'Spit & Roast', a small street food business who sells chicken at pop-up events. There is also a coffee company called Artisan Roast who make coffee up in Edinburgh. There even appears to be a Roast Beef Productions in Soho but I am at work so not willing to investigate what they might do too closely. Point is, Roast are obviously quite comfortable with the fact they can quite rightly protect their right to be the only 'Roast' restaurant on the block but they have to live with other people using 'Roast' as part of their name, even other food/drink related businesses.Hevsterhttps://www.blogger.com/profile/01355179048794145214noreply@blogger.comtag:blogger.com,1999:blog-4590371583349984410.post-56637472164939294472013-09-24T15:34:46.461+01:002013-09-24T15:34:46.461+01:00Can't believe anyone would confuse the two! B...Can't believe anyone would confuse the two! But I don't get the uproar regarding the TMing of Pho - isn't it for it to be used as a name of a restaurant. Regarding the basic test does the 'or' condition prevail as the logo is pretty distinctive hence it can be TM'ed- though if they prove that they weaken the case that anyone would confuse their distinctive brand with mo pho's. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4590371583349984410.post-33550367454661272162013-09-24T15:07:20.048+01:002013-09-24T15:07:20.048+01:00It's the problem with the currently rather lam...It's the problem with the currently rather lame trend for naming brands after well-known and pre-existing collectives. Should be the other way around. Of course the really clever would think of a name, and it's so good, the product will universally become known as it (Hoover is the obvious example).Anonymousnoreply@blogger.com