Therefore, in April last year, Cha sued Modern China Tea Shop for trademark infringement, but it was eventually rejected by the court. In a blink of an eye, on the first 4th day of 202 1 this brand-new year, Modern China Tea Shop counterclaimed Yan Guan for unfair competition. What the hell is going on here? Is it because the modern tea shop in China infringes the trademark right of Tan, or is Tan causing an uproar to attract more tourists in order to dress up as a victim in an industry? It's actually very simple. Although the styles of the two companies are similar, we don't say who imitated whose style, but only who registered the trademark first.
? Modern China Tea Shop is a tea brand with the theme of Chinese style and integrating R&D, production and sales, which was founded by You Lvliang on October 3rd. China Tea and Western Cooking? And in the name of drinks, packaging, store decoration also reflects the traditional classical style of China.
Tea Beauty Observation, founded on 20 10, is a lifestyle integrating China tea culture and western tea art. However, its company was founded in 20 17, and it was not until 20 19 that it officially opened its store.
Although the trademark is "strictly observe the color of tea first", the modern China tea shop has opened since its establishment. Now there are more than 65,438+000 direct stores in Changsha, and Tea Yan Guan SE2065,438+09 began to open stores. Speaking of trademark infringement, legally speaking, trademark infringement refers to the behavior that the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. So the modern China tea shop did infringe the trademark right in law. Suppose the modern China tea shop didn't know when registering the trademark, but registering the trademark on 20 10 is the priority. According to Bian Xiao's point of view, in fact, infringement of trademark rights is secondary, what's more, it is not infringement without knowing it. There is a word difference. In fact, there is no need to care too much about the quality of the products.
? Bian Xiao thinks that the success rate of counterclaims in modern China tea shops is quite high. Therefore, in the face of competitors, tea noodles are still trying to improve the quality and make the price civilian.