table of contents
To everyone in the food and beverage industry
(1) Introduction
Traditionally, in the food and beverage industry, restaurants have competed with other restaurants based on the deliciousness of the food they served, the beauty of the presentation, the price range of their menu items, and their friendly customer service attitude.
However, in recent years, as mentioned above, it has become difficult to compete with other restaurants just by providing high quality food. In the restaurant industry, there is a growing trend to increase brand power and create market value through original designs that other restaurants do not have. For example, Starbucks creates an original image through the design of its store exteriors and interiors, and is loved by many customers as a relaxing coffee shop.
In this way, there is a growing trend to use original and unified designs in all points of contact with customers, from the design of the store's exterior and interior, to the tableware used, staff uniforms, advertising, and website design, in order to attract customers and build a brand image.
The revised Design Act, which came into force in April 2020, has made "architectures," "interiors," and "images" newly eligible for design protection. If the original exterior and interior designs of your store that you have worked so hard to create are copied by other restaurants, you will lose your ability to attract customers, and the brand image that you have worked so hard to build will quickly collapse. It is necessary to thoroughly protect the important and valuable original designs of your store's exterior and interior with design rights to prevent other restaurants from copying them.
(2) Design registration in the food and beverage industry
1. Unique store exterior and interior design
1) Building a brand image
As mentioned above, the design of a store's exterior and interior can help differentiate it from other stores, attract customers, and build a brand image.
Obtaining design rights for the exterior and interior designs of such stores will help prevent imitation by other companies, promote differentiation, and contribute greatly to establishing your own brand.
In addition, the fact that a design has been registered by clearing the hurdles of registration requirements such as novelty and ease of creation is proof that it is an original and excellent design.
![]() | ■ Example of restaurant exterior registration
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![]() | ■ Example of restaurant interior design registration
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② Effective in preventing disputes
As the scope of protection under design rights has been expanded to include "buildings" and "interiors," it is expected that even companies in the food and beverage industry, which have not had to consider design rights much until now, will become more active in obtaining design rights. Therefore, if you do not take measures against design rights even after the Design Law is revised, you may suddenly be sued by other companies for design right infringement.
In particular, when it comes to interior designs, for example homes, hospitals, offices, restaurants, and other places where people spend a certain amount of time, they are generally considered to have similar uses and functions, and so rights may be exercised across industries.
In this regard, if the exterior and interior design of a store is registered, clear rights are granted, such as "Design Registration No. XX", and in principle, it also serves as a certain degree of proof that it will not infringe on the prior design rights of others, allowing clients and construction owners to carry out construction work with peace of mind.
In addition, since it is possible to exercise rights based on clear rights, it helps to deter other companies from imitating the trademark and prevents disputes from arising.
In this way, after the revision of the Design Law, it is necessary to take some measures to obtain design rights for your own company as well as against the design rights of other companies. We will provide you with accurate advice to protect your valuable intellectual property.
2. Image design for menu tablets, interior decoration, etc.
① Expansion of scope of protection for image designs
The revised Design Act, which came into force in April 2020, has made it possible to obtain design registrations for "images" themselves, in addition to "architectures" and "interiors." In addition, it has become possible to obtain design registrations for GUIs and other items used in services provided via the internet, as well as images displayed on screens and images projected onto walls or the human body.
In this way, the amendment to the Design Act has made it possible to more effectively obtain design registrations for image designs.
② Menu tablet image design
In recent years, an increasing number of restaurants are using menu tablets installed on each table to take orders from customers. However, if the menu tablet is difficult to operate, customers, especially older customers, may refrain from ordering. For this reason, menu tablets are designed with various features to make it easy to select menu items and to order.
The image design of such menu tablets can also be registered as a design. In order to protect menu tablets that are easy to see and use from being imitated by other restaurants, we recommend that you also register the image design of the menu tablets as a design.
The example below is of a restaurant information terminal registered before the amendment, but after the amendment, it will be possible to register the menu screen itself as a design, so it is expected that there will be an increase in design registrations of menu display images like this one.
![]() | ■ Example of restaurant information terminal registration
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③ Image design to be projected onto store walls, etc.
In recent years, it is common to see images projected onto store walls as in-store decorations. Images like this can also be registered as designs.
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(Source) Japan Patent Office 6th Design System Subcommittee Document 1 |
3. The design of the food and drink provided
Regarding the food and drink themselves served at restaurants, some products can be registered as designs, such as the "pancakes" shown below. In addition, due to the 2019 revisions to the design examination standards, combinations of containers and food products, such as the "jelly in a container" shown below, can also be registered as designs.
![]() | [Design right holder] Fuukle Co., Ltd.
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"Jelly with container" |
4. Branding
In Europe and the United States, "design management" (management that utilizes design as an important management resource for improving brand power and innovation capabilities) is becoming more widespread, with consistent design being applied not only to products and advertising but also to all customer touchpoints, such as stores and websites, in order to utilize design to enhance brand competitiveness.
The amendments to the Design Act aim to expand design protection under the Design Act and improve procedures in order to promote the "design management" advocated by the Japan Patent Office.
We offer precise advice to clients who wish to unify the design of their store's exterior and interior design, website, advertising, tableware (plates, cups, knives, etc.), uniforms, etc., to establish a new brand image and increase their brand competitiveness.
If you are in the food and beverage industry and are interested in filing a design application, please feel free to contact us.
Our experienced staff will support you in obtaining design rights.