In the fiercely competitive catering industry, a trademark is like a golden signboard for a catering enterprise, which is a concentrated reflection of the enterprise’s image, reputation, and characteristics, and plays a crucial role in the survival and development of the enterprise. Successfully registering a trademark can build solid barriers for catering enterprises in brand protection, market competition, chain expansion, and other aspects, helping them stand out and achieve long-term development.
1、 Key points for selecting trademark names
（1） Uniqueness and Significance
The trademark names of Chinese catering enterprises must have uniqueness and distinctiveness, and avoid using industry common vocabulary or descriptive words when naming trademarks. Names like “Delicious Restaurant” and “Delicious Restaurant” are too straightforward in describing the characteristics of catering services, lack unique creativity, and are difficult to stand out among many catering brands. They are also prone to being rejected during trademark registration due to a lack of distinctiveness. On the contrary, names such as “Hai Di Lao” and “Xi Bei” are concise and unique, forming a distinct distinction from other brands, which can leave a deep impression on consumers, successfully register and establish brand awareness.
（2） Avoiding infringement risks
Before determining the trademark name, it is essential to conduct a comprehensive trademark search. The search scope not only covers registered food and beverage trademarks of the same type, but also needs to involve related categories and potentially conflicting trademarks in other fields. This is because the catering industry is closely connected to multiple fields such as food processing, catering distribution, catering training, etc. If not carefully investigated, it is likely to infringe on the prior rights of others. For example, if a catering enterprise wants to use “Daoxiangcun” as a trademark without prior search, it may infringe on the rights and interests of the enterprise that has already registered the “Daoxiangcun” trademark in the fields of pastry and food, and thus fall into legal disputes, facing a dual crisis of huge compensation and brand image damage.
（3） Reflect the characteristics and cultural connotations of catering
A trademark name that can showcase the characteristics and cultural heritage of a catering enterprise can help bridge the gap with consumers, enhance brand affinity and attractiveness. If catering enterprises focus on local specialty cuisine, such as Sichuan cuisine, their trademark names can incorporate regional cultural elements such as “Shu” and “Chuan”, like “Shu Daxia”, which not only highlights regional characteristics but also showcases a bold brand style; If a specific ingredient or cooking technique is emphasized, such as roast duck, the name “Quanjude” accurately reflects its core product, making consumers aware of its characteristics at a glance, and thus standing out among many catering brands, enhancing brand competitiveness and recognition.
2、 Key points for selecting trademark categories
（1） Core Category
The core categories for trademark registration in Chinese catering enterprises are mainly concentrated in Class 43, which includes providing catering services, temporary accommodation, and other categories. This is the top priority for trademark registration of catering enterprises, directly related to the daily operation and external services of restaurants, covering various types of catering business premises and service forms such as restaurants, cafes, bars, tea houses, takeaway restaurants, etc. For example, if a consumer enters a restaurant to dine, the restaurant’s successful registration of a trademark in Class 43 can ensure its brand exclusive rights in the catering service sector, prevent other businesses from using the same or similar trademark without permission to provide catering services, and effectively maintain the company’s market share and brand reputation.
（2） Related Category
In addition to core categories, catering enterprises also need to pay attention to numerous related categories to comprehensively protect brand rights and expand business areas.
Class 16: This category includes cups 210, 220, paper cups, plastic cups, drinking cups, coffee cups, tea cups, porcelain, pottery, tea sets, wine utensils, coffee utensils, drinking utensils and other related catering utensils, sanitary ware, etc. If you plan to establish a brand franchise chain in the future, some brands will customize related products for franchisees.
Class 29: This category covers meat, fish, poultry, and game; Meat juice; Pickled, frozen, dried, and cooked fruits and vegetables; Jelly, jam, and candied fruits; Egg; Milk, cheese, butter, yogurt, and other dairy products; Various products such as edible oils and fats. After the brand grows, some will launch pre packaged food.
Class 30: Includes coffee, tea, cocoa, sugar, rice, edible starch, sago, coffee substitutes, flour and cereal products, bread, pastries and candies, frozen foods, honey, syrup, fresh yeast, baking powder, salt, mustard, vinegar, sauces (seasonings), flavorings, drinking ice and other commodities. If catering enterprises are involved in the production and sales of homemade pastries, desserts, seasonings and other products, registering a Class 30 trademark is crucial. In addition, we can customize our own brand products for franchisees and other suppliers.
Class 31: This category covers unprocessed agricultural, aquaculture, horticultural, forestry products, fresh fruits and vegetables, fresh aromatic herbaceous plants, etc. As a brand owner, we can customize our own brand products for franchisees in the later stage.
Class 32: Includes beer, mineral water and soda, as well as other non-alcoholic beverages, fruit drinks and juices, syrups, and other preparations for beverages. For catering enterprises that provide homemade beverages such as freshly squeezed fruit juice, specialty tea drinks, homemade beer, etc., Class 32 trademarks are indispensable. For example, a certain tea shop has launched multiple exclusive secret tea drinks. After registering the 32nd trademark, it can establish its brand position in the beverage market, prevent other beverage companies from counterfeiting its product name and packaging, and maintain the brand’s commercial interests in the beverage field.
Class 35: mainly involves services such as advertising, commercial operations, commercial management, and office affairs. This category is of crucial significance for commercial activities such as brand promotion, marketing, and franchise management in catering enterprises. For example, catering enterprises need to rely on the exclusive rights of Class 35 trademarks for activities such as attracting customers through advertising and recruiting franchisees for franchise chain business. If the trademark of this category is not registered, it may encounter others registering the same or similar trademark for advertising or commercial management services during the brand promotion process, thereby interfering with the normal business operation and market expansion plan of the enterprise, and affecting the unified shaping and dissemination of the brand image.
Class 40: including food processing, peeling processing, material handling, printing, binding and other services. If a catering enterprise is involved in the food processing and production process, such as deep processing of ingredients, production of semi-finished or finished dishes for sale, etc., registering a Class 40 trademark can effectively protect the brand rights of its food processing business. For example, a catering enterprise specializing in the production and processing of pre packaged dishes and supplying them to supermarkets, e-commerce platforms, and other channels can establish its brand exclusivity in the food processing field after registering a Class 40 trademark, preventing other enterprises from using the same or similar trademark in similar processing services, and ensuring the brand value and market share of products in the processing stage.
In addition, if catering enterprises plan to carry out catering training business, they also need to consider registering Class 41 (education, training, entertainment, cultural and sports activities, etc.) trademarks; If it involves the manufacturing or sale of catering equipment, attention should be paid to relevant categories such as Class 7 (machines and machine tools, motors and engines (except for land vehicles), machine transmission couplings and transmission parts (except for land vehicles), non manual agricultural appliances, incubators, etc.) and Class 11 (lighting, heating, steam generation, cooking, refrigeration, drying, ventilation, water supply, and sanitation devices, etc.). By selecting appropriate related categories for trademark registration, catering enterprises can establish a comprehensive brand protection system, laying a solid foundation for diversified development and business expansion.
3、 Key points of trademark design
（1） Concise and easy to remember
The trademark design of catering enterprises should pursue a concise, clear, and easy to remember style. A concise trademark design and pattern can leave a deep impression on consumers in a short period of time, making it easy to identify and spread. For example, McDonald’s golden arch logo has a simple and smooth design, with a strong visual impact that consumers can recognize and remember at a glance; Pizzahut’s red roof logo, with bright colors and simple image, stands out from many catering brands, is easy for consumers to remember and spread, and effectively improves the brand’s popularity and communication efficiency.
（2） Having beauty and uniqueness
A trademark design that is rich in beauty and unique creativity can attract consumers’ attention, evoke emotional resonance, and enhance the attractiveness and reputation of the brand. In the design process, it is possible to cleverly integrate the characteristic elements, cultural background, or brand story of catering enterprises to create a unique visual image. For example, Starbucks’ mermaid logo combines the mysterious mermaid image with coffee culture, beautifully designed and unique, conveying elegant and high-quality brand connotations, and has won the love and pursuit of many consumers worldwide; For example, the signature logo of Quanjude, with its quaint and elegant fonts paired with traditional roast duck patterns, showcases the profound cultural heritage and unique charm of a century old brand, establishing a unique brand image in the catering market and enhancing the brand’s recognition and competitiveness.
（3） Adapt to multiple carriers and scenarios
The trademark of catering enterprises needs to be frequently displayed in various carriers and scenarios, such as storefront signs, menus, tableware, advertising materials, online platforms, takeaway packaging, etc. Therefore, trademark design should fully consider its presentation effect in different sizes, materials, and color backgrounds, ensuring clear and complete display in any situation, maintaining good visual effects and brand recognition. For example, in store sign design, the trademark should be prominent and visible, even under long-distance or nighttime lighting; In menu design, the trademark should be coordinated with the dish information and layout style, without affecting consumers’ reading and ordering experience; On takeaway packaging, the trademark should be able to withstand the friction, compression, and other tests during transportation, remain intact and clear, continuously convey brand information to consumers, strengthen brand memory, and enhance the brand’s market influence and reputation.
4、 Key points of trademark registration process and time management
（1） Understand the registration process
The trademark registration of catering enterprises usually follows the following basic process: firstly, conduct a trademark search, search through a professional trademark database to determine whether the proposed trademark is similar or identical to the previously registered trademark, in order to evaluate the success rate of registration and avoid risks in advance; Secondly, prepare the trademark registration application documents, including the trademark application form, trademark design, applicant identification documents, etc., and fill in and submit them in accordance with the prescribed format and requirements; Then, after receiving the application, the Trademark Office will conduct a formal examination of the application documents, mainly checking whether the documents are complete, whether the filling is standardized, whether the trademark design is clear, etc. If the formal examination is passed, it will enter the substantive examination stage; In the substantive examination stage, the examiner will conduct a comprehensive and in-depth examination of the legality, distinctiveness, and conflict with prior rights of the trademark. If there are any issues with the trademark, the examiner will issue a notice of examination opinion, requiring the applicant to defend or modify it within the prescribed time limit; Trademarks that have passed substantive examination will enter a three-month announcement period, during which any unit or individual may raise objections to the trademark; If there are no objections or objections are not established during the announcement period, the trademark will be successfully registered and a trademark registration certificate will be issued. Before applying for trademark registration, catering enterprises must thoroughly understand and familiarize themselves with the above process to ensure that the application work is carried out in an orderly manner and avoid delays or failures due to unfamiliarity with the process.
（2） Reasonably plan time
The trademark registration cycle is relatively long. Generally, if everything goes smoothly, the entire process takes about 9-12 months. However, if there are issues such as trademark similarity or opposition during the application process, the time may be significantly extended and may even last for several years. Therefore, catering enterprises should plan the trademark registration time in advance, start the application work as early as possible, and avoid the impact of incomplete trademark registration on the company’s business plans, brand promotion, chain franchising and other commercial activities. For example, a company planning to open a new chain restaurant should start preparing for trademark registration at least one year or even earlier before the opening, so that it can smoothly use the registered trademark for brand promotion and operational management when the store opens, and prevent unnecessary obstacles and losses to the company’s business plan due to trademark issues.
5、 Key points for trademark use and maintenance
（1） Standardize the use of trademarks
After obtaining trademark registration, catering enterprises must strictly use the trademark in accordance with the approved scope of goods or services on the trademark registration certificate. They are not allowed to change the text, graphics, colors, fonts, combinations and other elements of the trademark without authorization, nor to use the trademark beyond the approved scope of use. For example, a catering enterprise that has registered a specific font and graphic combination trademark should maintain the consistency and standardization of the trademark in all commercial activities such as storefront signs, menus, advertising, etc. It is not allowed to change fonts or modify graphics arbitrarily, nor can the trademark be used for other goods or services outside the registration scope, such as using the catering service trademark for real estate development or financial investment. Only by standardizing the use of trademarks can we ensure the effective maintenance of trademark exclusive rights and avoid the occurrence of trademark revocation or infringement disputes due to improper use.
（2） Pay attention to trademark rights protection
In the fiercely competitive catering industry, trademark infringement occurs from time to time. Catering enterprises should establish a strong awareness of trademark rights protection, regularly monitor the market, and promptly detect and stop infringement behaviors. Once it is discovered that someone else is using a trademark that is identical or similar to their registered trademark without permission, or using a trademark that can cause confusion for consumers on similar goods or services, legal action should be taken immediately by sending a lawyer’s letter to the infringing party, requesting them to stop the infringement and compensate for losses; If negotiation fails, one should promptly file a lawsuit with the court and protect their trademark rights through legal means. At the same time, catering enterprises can actively cooperate with law enforcement agencies such as the Administration for Industry and Commerce to combat counterfeiting, provide infringement clues and evidence, jointly crack down on trademark infringement, and maintain market order and their own brand image. For example, in recent years, some well-known catering brands such as “HEYTEA” and “Cha Yan Yue Se” have increased their efforts in trademark protection, cracking down severely on counterfeit stores, infringing products, and false advertising in the market, effectively protecting the brand’s market share and consumer trust, and creating a favorable market environment for the sustainable and healthy development of enterprises.
（3） Trademark Renewal Management
The validity period of Chinese trademark registration is 10 years. After the expiration of the validity period, if a catering enterprise needs to continue using the trademark, it must handle the trademark renewal procedures in accordance with regulations within 12 months before the expiration; If it cannot be processed during this period, it can still be processed within the 6-month extension period after the expiration, but an additional renewal delay fee needs to be paid. If the extension period expires and the renewal procedures are not processed, the trademark will be cancelled and the enterprise will lose the exclusive right to use the trademark. Therefore, catering enterprises should attach great importance to trademark renewal management, establish specialized trademark management positions or entrust professional trademark agencies, prepare for renewal in advance, submit renewal applications in a timely manner, and ensure the continued effectiveness of trademark rights. For example, some time-honored catering enterprises have accumulated brand reputation and market influence over the years, and their trademarks have become the core assets of the enterprise. By timely handling trademark renewal procedures, the trademarks can be inherited and developed for a long time, safeguarding the enterprise’s century old foundation.
Registering Chinese trademarks for catering enterprises is a systematic and long-term project that requires comprehensive consideration, careful planning, and strict implementation in all aspects of trademark name selection, category selection, design and creation, registration process control, and usage and maintenance. Only in this way can catering enterprises successfully register and effectively manage their trademarks, establish a unique brand image in the fierce market competition, win the trust and market share of consumers, and achieve the strategic goal of sustainable development.