Even "Black-and-White Chefs" Are Not Immune to Trademark Disputes
Pine IP
September 27, 2024
The popular Netflix cooking competition show Black-and-White Chefs brings together a variety of skilled chefs to compete. Many of these chefs already run their own restaurants or are active as cooking YouTubers, building personal brands along the way. But how many of these chefs have taken steps to protect their brands through trademark registration?
A trademark is essentially the face of a restaurant. It includes the restaurant's name, logo, and symbols that make it easily recognizable to customers. However, as seen with many participants on Black-and-White Chefs, exceptional cooking skills alone are not enough to guarantee long-term success. If a chef has not filed for trademark protection, someone else could register the trademark first and claim legal rights to it. This could lead to the loss of brand value, a breakdown of consumer trust, and even the possibility of losing the right to use the brand entirely.
An analysis of the trademarks associated with the restaurants of chefs who made it to round three of Black-and-White Chefs revealed three different trademark statuses (as of September 27, 2024):
This analysis was based on a preliminary search and is not official legal advice. To confirm actual trademark ownership and legal standing, a detailed investigation is necessary.
Starting with Judge Baek Jong-won, all of his franchise brands have been properly registered. Similarly, Chef Ahn Sung-jae’s restaurant, Mosu, has also successfully registered its trademark. However, it may be wise for Chef Ahn to consider registering the trademark “Mosu” as a word mark in addition to the existing combined logo and wordmark. Word marks generally offer broader legal protection, and given that Mosu has achieved three Michelin stars, protecting the name itself is becoming more important.
Among the "White Spoon" chefs, neither Touch the Sky nor Restaurant Neo had registered trademarks. In the case of Jinjin, it appears that a third party has secured the trademark rights, suggesting potential legal challenges ahead.
For the "Black Spoon" restaurants, Joe Kwang, Viatoré, and Dipin did not show registered trademarks, while Trid seems to have been trademarked by a third party, again raising concerns about possible trademark disputes.
Most restaurant owners realize the importance of trademark registration after they start their business. However, the ideal time to file for a trademark is before opening the business—during the planning stages of menu development and interior design. The reason is simple: the first person to register a trademark holds the legal rights to it. If you start operating your restaurant without registering the trademark and someone else has already claimed it, you could be forced to stop using the name and face legal challenges.
Trademark filing involves several steps:
As seen with the contestants of Black-and-White Chefs, cooking skills alone are not enough to fully protect a brand. Trademark registration is the first step in securing a restaurant's brand, and it is essential in the highly competitive food industry. Chefs planning to open or already running a restaurant should take steps to secure their brand through trademark registration.
Trademarks do more than just protect the name—they are crucial assets that safeguard the identity of your business and brand. If you have any questions about trademark registration or need professional legal advice, we encourage you to contact Fine Patent Law Firm. With our expertise and experience, we can assist you in registering your trademarks and ensure the safety and security of your brand.
