The UK restaurant chain Pho is once again feeling the heat after TikTok users highlighted the fact that the white-owned business seemingly trademarked the Vietnamese word “pho.” This controversy isn’t exactly breaking news—the company’s been called out for the trademark ever since it first filed it in the early 2000s.

@iamyenlikethemoney

@Pho - They will never see me (or my parents) 😂😂😂😂😂😂 phorestaurantuk phouk

♬ original sound - YEN

It has come to my attention that a chain restaurant called “Pho” is actually owned by Caucasians and they’ve trademarked the name so actual Vietnamese people can’t use it :/

How disgusting

— Dominique (@ChefDominiqueO) October 13, 2024

Founded by London-based couple Stephen and Juliette Wall in 2005, Pho began after the duo visited Vietnam and fell in love with the national dish. With backgrounds in marketing, they trademarked variations of the word “pho” in 2007. The company has since grown into a chain with 45 locations across the UK and is now majority-owned by private equity firm TriSpan.

Stephen and Juliette Wall “trademarked” word Pho 2013 in UK

Gross colonizer, appropriating human shaped po 💩They sold their shares I’m sure they’ve moved on to more colonizing & appropriating, to scam money

They are trash And no amount of money, can change that narrative #Pho pic.twitter.com/KwfZFLtH81

— Ericarosedahobag (@Ericarosedaho) October 16, 2024

In response to the recent uproar, the restaurant chain posted a statement on social media, claiming the controversy was based on a misunderstanding: “Let us categorically say—we would never attempt to trademark this dish [pho],” the company wrote. “Phở doesn’t belong to anyone but the people of Vietnam.”

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However, critics argue that Pho is being disingenuous. While the company isn’t stopping Vietnamese people in the UK from eating or making “phở,” they still legally claim the right to the word “pho” as part of their brand. It’s akin to trademarking the word “burger” or “pasta.”

Pho insists that its trademark only applies to its brand and logo, not the dish itself. It’s emphasised that other businesses are free to use the word “phở” in menus, just not in its name.

As reported by The Guardian, some argue that it should’ve been impossible to trademark the word “pho” in the first place. After all, it’s a dish as common as fish and chips. However, trademark law depends on context and public awareness. Six years ago, not many people in the UK actually knew what pho was.

If restaurants like Mo Pho had fought the legal challenge, they would’ve had to prove (at significant cost) that the public already recognised “pho” as Vietnam’s beloved noodle soup at the time it was trademarked. And realistically, most didn’t. That’s how the law works: sometimes, it’s out of sync with food trends that can rapidly shift.

Pho claims it’s not the only one with a trademark related to the word “phở” and that over 50 other UK businesses hold similar registrations. However, many argue that the restaurant chain’s trademark isn’t about a brand association but the dish itself.

The debate was reignited after a viral TikTok by Vietnamese creator @iamyenlikethemoney, who brought the trademark issue back into the spotlight. In her video, she shared her intent to challenge the trademark, calling it “outdated in 2024.”

Though Pho states it isn’t currently suing anyone over the use of the word, past behaviour suggests that legal action isn’t off the table. In 2013, a small Vietnamese eatery in London, Mo Pho Viet Cafe, was forced to change its name after receiving a legal notice from Pho Holdings Ltd. over trademark infringement.

Just remembering the time when a white couple Stephen and Juliette Wall in the U.K., owners of Pho restaurant was suing small mom and pop actual Vietnamese restaurants from using Pho in their name. It's been over a decade but the audacity is still so distasteful. https://t.co/I7bfz1Dle0

— AskAubry 🦋 🐆🦝 (@ask_aubry) October 13, 2024

Mo Pho explained that they were surprised a common word like “pho” could be trademarked, especially given it’s the name of a national dish widely used in Vietnamese restaurant names. Pho eventually backed down after backlash but maintained that it was simply protecting its brand.

Despite the public outcry, Pho has renewed its trademark multiple times, with the latest renewal in 2017. The company has until 2027 to decide whether to renew again, but given the ongoing controversy, many are sceptical that the chain will ever let the claim expire. For now, it seems Vietnamese businesses are at the mercy of Pho Holdings Ltd.’s goodwill—or fear of bad publicity.

Similarly, just a few weeks ago, “Bobba Tea” was introduced as a supposedly new, improved, and safer version of bubble tea—this time by a white couple during an episode of Dragon’s Den. The move quickly sparked backlash, with many criticising it as yet another instance of cultural appropriation and commodification by non-Asian entrepreneurs.