Taiwanese Mr. Lin Bingsheng registered the "Yonghe Soybean Milk" trademark in Taiwan in 1985, established Hongqi Food Co., Ltd., mass-produced Yonghe Soybean Milk and opened stores. Taiwan Hongqi Company registered the "Yonghejitu" trademark 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.
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 and successfully registered the "Yonghe King" trademark in Category 42 (restaurants, fast food restaurants, soy milk shops, etc.).
Hongqi Company reported the irregular use of the registered trademark "Yonghe King" to the industrial and commercial department. After investigation and handling, the Inspection Team of the Shanghai Municipal Administration for Industry and Commerce issued the Shanghai Industry and Commerce Inspection Letter (98) No. 25 "Industrial and Commercial Administration Proposal" to Shanghai Yonghe Soybean Milk King Catering Co., Ltd. on December 14, 1998 (see below Picture): Your company uses the six characters "Yonghe Soybean Milk King" as a simplified corporate name in several of its chain stores. It is confused with the "Yonghe" registered trademark registered in Class 30 by Taiwan Hongqi Food Company, which can easily cause misunderstandings. . To this end, it is recommended that your company carefully study the relevant clauses and regulations of the "Trademark Law of the People's Republic of China" and "Enterprise Name Registration Management Regulations", correct the "Yonghe Soybean Milk King" plaque that is easily misleading, and use it in the future In business activities, abide by recognized business ethics to avoid similar situations from happening again.
In 1999, Lin Jianxiong, the younger brother of the Lin family, came to Shanghai to start the "Yonghe Soy 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 the other hand, consumers are confused. There are both "Yonghe Soy Milk" and "Yonghe Soy Milk King Company" on the market, as well as "Yonghe King" which also sells soy milk and fried dough sticks. , which one is the authentic "Yonghe"? Netizens once commented: "Have you ever eaten Yonghe soy milk? It's delicious?" "Silly sister, Yonghe soy milk is a thing of the past. Now there is a king-level Yonghe king." "I heard that they are all from the same family. The eldest brother is called Yonghe King, and the second child is called Yonghe. "Isn't it possible? Maybe they are ranked according to the government's quality evaluation." "Maybe there will be Haier King, Maotai King, etc. in the market in the future." Where are the King of Hongta Mountain and King Santana? "The most powerful one should be called the King of Kings."
In 1997, Hong Kong resident Lin Lizhen cooperated with Yonghe King Company to open the "Yonghe King Fast Food Restaurant". The two parties no longer cooperated. Yonghe King Company did not allow Lin Lizhen to continue to use the "Yonghe King" trademark. In 2003, Yonghe King Company sued Lin Lizhen in Shenzhen for this reason.
In January 2004, Lin Lizhen filed a lawsuit with the Beijing No. 1 Intermediate People's Court, accusing the "Yonghe King" trademark of being illegal and requesting the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to revoke the registration of the "Yonghe King" trademark: "" Article 10 of the Trademark Law of the People's Republic of China: The following signs shall not be used as trademarks: (7) Exaggerated propaganda and deceptive; (8) Harmful to socialist morals or have other adverse effects." Shanghai Yonghe Soybean Milk King Catering Co., Ltd. has never been engaged in the soymilk industry in Yonghe City, Taiwan, but it registered and flaunted its "Yonghe King" trademark in the mainland. It has the meaning of exaggerating publicity and disparaging its peers. The Trademark Review and Adjudication Board should revoke the registration of the "Yonghe King" trademark .
A department manager of Yonghe Dawang Company said: "Dawang" means strict. "King" is mainly targeted within the company and requires our employees to have higher goals for themselves. Externally, we have no intention of claiming to be king. As for consumers seeing the four words "Yonghe King" on our store's signboard and thinking we are claiming to be king, that is due to differences in consumers' personal understanding.
The Trademark Review and Adjudication Board of the State Administration for Industry and Commerce argued in court that although the word "王" in the disputed trademark implies that the goods and services provided are of good quality, the registration and use of the disputed trademark does not There is no exaggerated and deceptive publicity, and there are no other adverse effects. Therefore, Lin Lizhen’s reason for claiming that the word “king” in the disputed trademark demeans her peers and exaggerated publicity cannot be established.
In September 2004, the Beijing No. 1 Intermediate People's Court rejected Lin Lizhen's lawsuit in the first instance: the registrant's addition of the word "大王" to its registered trademark did indicate the quality of the goods or services it provided. Good intentions, but this alone is not enough to constitute "exaggerated publicity and deceptive" as stipulated in the Trademark Law. The plaintiff has no evidence to prove that the registration and use of the trademark in the market have produced the above consequences or other adverse effects...
Lin Lizhen refused to accept the first-instance judgment and appealed to the Beijing High Court. In the second trial, both parties reached a settlement: Lin Lizhen's case against "Yonghe King" and "Yonghe King"'s case against Lin Lizhen in Shenzhen were withdrawn at the same time. Afterwards, the author asked Shanghai Yonghe King Company for a settlement agreement, but Yonghe King Company said it was inconvenient to release it to the public.
Lawyers Zhu Miaochun and Yu Dajiang, who are famous for their expertise in intellectual property litigation in Shanghai, believe that Taiwan Hongqi Company enjoys the exclusive right to the trademark "Yonghejitu". In 1997, Shanghai Yonghe Soybean Milk King Company registered the name "Yonghe King" "trademark. Although "Yonghe King" is a service trademark registered in Class 42, its trademark is mainly used in Chinese-style fast food chain operations. The business scope and consumer targets of Taiwan Hongqi Company almost overlap, and it is easy to be confused with the latter's services. confusion with the product, and in fact this confusion has reached a very serious level. As far as the word "King" is concerned, it has the connotation of top quality and industry leadership. It implies that "Yonghe King" is the best among "Yonghe", which can easily lead to consumer misunderstanding.