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Who is the King of Soy Milk? “Yonghe King” Trademark Is Questioned

Two "Yonghe" brands appeared in Shanghai one after another

Taiwanese Mr. Lin Bingsheng registered the "Yonghe Soybean Milk" trademark in Taiwan in 1985 and established Hongqi Food Co., Ltd. to mass-produce Yonghe Soybean Milk. And open a store. Taiwan Hongqi Company registered the "Yonghe" and picture trademarks in mainland China on February 21, 1995. Taiwanese businessman Qiu Yaohui cooperated with Lin Bingsheng and opened five "Yonghe Soy Milk" stores in Shanghai in 1995.

In 1999, Lin Jianxiong, the younger brother of the Lin family, came to Shanghai to start the "Yonghe Soybean Milk" international chain business. In the same year, the first "Yonghe Soy Milk" directly operated store opened by Lin Jianxiong on Laoshan East Road, Pudong, Shanghai. There were 20 authorized franchise stores that year, and the total number of stores was nearly 50.

On February 25, 1996, another Shanghai Yonghe Soy Milk King Catering Co., Ltd. was established in Shanghai. It was also a fast food restaurant selling soy milk and fried dough sticks, and had a "Yonghe Soy Milk King" plaque. In 1997, this company was approved by the National Trademark Office to successfully register the "Yonghe King" trademark in Category 42 (restaurants, fast food restaurants, soy milk shops, etc.).

Trademark registration is the prerequisite and condition for a trademark user to obtain the exclusive right to use a trademark. Only trademarks that have been approved and registered are protected by law. The principles of trademark registration are the basic criteria for determining the exclusive right to use trademarks. The choice of different registration principles is the result of the legislators of various countries weighing the relationship between legal certainty and legal fairness in this issue.