According to Article 15 of the Trademark Law, this breakfast shop using a trademark should indeed be considered illegal. 1. Overview of the incident
On May 13, 2020, a company named "Today's Youtiao" completed its industrial and commercial registration, and then this company moved with lightning speed. In just a short period of time, Within a month, it became a "sacred place for internet celebrities to check in".
The reason why this company quickly became popular is precisely because its stores have registered multiple trademarks including Jinri Toutiao, not just Jinri Youtiao, this company also registered Jinri Toutiao. There are many "copycat trademarks" such as soy milk, today's bean curd, today's noodles, Kuaishou Pancake, and Duoduo Pancake.
Just a week ago around October 16, there was new progress in this matter. ByteDance announced that it would formally sue the company "Today's Youtiao". 2. Is today’s fried dough sticks illegal?
Although it will take some time for the court to rule on this case, based on existing laws, it can basically be determined that this "Today's Youtiao" restaurant is illegal.
According to Article 15 of the "Trademark Law":
A trademark similar to a registered trademark refers to a trademark that is suspected of infringement. Compared with the registered trademark of others, the glyph, pronunciation, and The meaning is similar, or the composition, coloring and appearance of the graphic trademark are similar, or the overall arrangement and combination of the word and graphic combination trademark is similar, or the shape and appearance of the three-dimensional mark of the three-dimensional trademark are similar, or the color or combination of the color combination trademark is similar, Or the auditory perception of the sound trademark or the similarity of the overall musical image is trademark infringement.
If this? Today’s Youtiao? is just called Today’s Youtiao, and the interior decoration style of the store is unique, then maybe ByteDance will not pursue it so fiercely, but the problem Yes?
The internal brochure of Jinri Youtiao store is completely customized according to the style of Jinri Toutiao APP. In this case, it is easy to conclude that it is plagiarism and infringement.
Judging from the fact that "Today You Tiao" immediately registered various pirated trademarks on the second day after registering the company, this company obviously has some common sense in this regard, but even if Still knowing the law and breaking the law like this, I have to say, it is indeed courageous.