Petition updateDemand 'Pho Holdings LTD' to Relinquish the 'Pho' Trademarkphoresturants: Instagram Post Response
Antoan PhuENG, United Kingdom
16 Oct 2024

We have seen some conversations this week about a trademark related to our brand that has been misunderstood.

Our founders opened Pho to pay tribute to the national dish of Vietnam, after they fell in love with it during their travels. Let us categorically say - we would never attempt to trademark this dish. Like so many of you who have shared passionate comments about this, we believe that phở doesn’t belong to anyone but the people of Vietnam.

It’s true that we hold a registered trademark that relates to our brand identity and logo, but this does not limit any other business to use the word phở in their name. More than 50 other businesses in the UK currently also hold a trademark that relates to the word phở. As for any claims that we are suing Vietnamese businesses, this is simply not true.

Pho exists because we love phở and want as many people as possible to enjoy it too.

We understand why confusion with our trademark has caused some people to be upset and we hope this clarifies our brand’s relationship with phở and other local businesses.

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Petition Update Clarifying Pho Holdings LTD’s Recent Statement

This week, Pho Holdings LTD released a statement addressing concerns about their trademark, but several points they made need clarification.

Claim: "We would never attempt to trademark this dish."

While it’s true that no one can trademark a recipe, Pho Holdings LTD has trademarked the word "Pho" in several important categories related to food and beverages. This trademark can potentially restrict other businesses from using the word "Pho" in commercial settings—especially if their use of it is considered too similar to Pho Holdings LTD’s brand. So, while the dish itself isn’t trademarked, their control over the word “Pho” in branding remains significant.

Claim: "More than 50 other businesses in the UK also hold a trademark that relates to the word 'phở'."

While it’s possible that other businesses have trademarks related to “Pho” for different goods or services, this doesn’t change the fact that Pho Holdings LTD holds exclusive rights over the use of "Pho" in certain important categories, like noodle soups, prepared meals, and beverages. Even if other trademarks exist, Pho Holdings LTD’s trademark can still limit businesses operating in related industries (e.g., restaurants or food delivery).

Claim: "We are not suing Vietnamese businesses."

While Pho Holdings may not have formally sued anyone, they could still take other legal steps that can intimidate or harm smaller businesses, such as sending cease-and-desist letters or filing opposition proceedings. This can happen even without a full lawsuit. A recent example is the case of "Mo Pho," where legal action was initiated, causing distress for the business.

In short, while Pho Holdings LTD’s response may downplay the impact of their trademark, the fact remains that it could have serious consequences for smaller businesses and their use of the word “Pho.”

Thank you for continuing to support the protection of cultural heritage. We will keep fighting for fairness and transparency in this matter!
 

 

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