Why Didn't Panda Express Trademark Its Famous Orange Chicken?

When people think of Panda Express, their signature Orange Chicken often comes to mind—a dish that has achieved a near-cult status among fast food lovers.

Despite its popularity and strong brand association, Panda Express never trademarked “Orange Chicken.”

But why didn't this fast-food giant claim exclusive rights over its iconic dish's name?

In this article, we'll explore the potential reasons behind Panda Express's decision and what it reveals about trademarking in the food industry.

What is trademarking, and how does it apply to food?

A trademark is a form of intellectual property protection that legally safeguards names, logos, and slogans that distinguish a brand's products or services.

In the culinary world, many companies trademark specific names to protect their unique dishes.

However, trademarking in the food industry is complex since recipes and dishes can be difficult to legally differentiate.

For a food item to be trademarked, it usually must have:

• A distinctive name,
• Unique branding,
• Or a combination that creates a strong association with a specific business.

The case of "Orange Chicken"

While Panda Express may have popularized Orange Chicken, they didn't invent it.

Orange Chicken is a classic Americanized Chinese food with variations that have been around for years.

Because of this, Panda Express likely couldn't claim the term as unique to their brand.

Since the dish existed in various forms across different restaurants, trademarking the term "Orange Chicken" alone wouldn't likely meet the requirements for exclusivity under U.S. trademark law.

Reasons Panda Express didn't pursue trademarking Orange Chicken

1. Generic terms in food naming

In trademark law, generic terms cannot be trademarked.

For instance, terms like "spaghetti" or "burrito" can't be protected because they're generic food items, not exclusive to any one brand.

"Orange Chicken" is similar—it's descriptive of a type of food and lacks the uniqueness that a trademark typically requires.

Thus, even if Panda Express attempted to trademark "Orange Chicken," they would likely face challenges, as the phrase describes a flavor profile rather than a unique brand identifier.

2. Focus on brand, not dish-specific trademarks

Panda Express is well-known for its overall brand identity rather than any one dish.

By focusing on the Panda Express name, logo, and overall branding, the company benefits from a broader protection.

Their emphasis on customer experience, consistent quality, and brand image helps people associate "Orange Chicken" with their restaurant without needing a formal trademark.

This brand-based approach may offer a more effective and comprehensive form of protection.

3. Imitation as a form of flattery and brand loyalty

In the fast-food industry, imitation is common.

Panda Express likely anticipated that American Chinese restaurants and other establishments would create similar dishes. Rather than attempting to prevent this, Panda Express may have relied on brand loyalty, trusting that its distinctive style and flavor would bring customers back.

This strategy has been effective—customers who crave Panda Express's Orange Chicken are less likely to seek out imitations, favoring the taste they've come to love.

4. Legal and financial considerations

Pursuing a trademark can be a lengthy and costly process, particularly if it's likely to be contested.

Given the generic nature of "Orange Chicken," Panda Express may have decided it wasn't worth the financial and legal resources required to attempt a trademark registration, especially if there was a high risk of rejection.

Investing in broader brand initiatives may have seemed more beneficial to the company's long-term growth and reputation.

The power of brand over trademark in the food industry

While Panda Express's Orange Chicken remains beloved by many, the company's decision not to trademark it underscores the complexity of intellectual property in the food industry.

For businesses looking to protect unique offerings, Panda Express's approach serves as an example: sometimes, strong branding can be more powerful than trademarking individual products.