Yonghe soybean milk and Yonghe king are not the same thing. King Yonghe doesn't use fried dough sticks and soy milk as a signboard.
There is still some friction between the two:
On 1985, Mr. Lin Bing-sheng registered the trademark of "Yonghe Soymilk" in Taiwan Province Province, and established Hongqi Food Co., Ltd. to mass-produce Yonghe Soymilk and open a shop. Taiwan Province Hongqi Company registered the trademark "Yonghe River Map" in Chinese mainland on February 2 1, 1995. Taiwanese businessman Qiu cooperated with Lin Bingsheng to open five "Yonghe Soymilk" stores in Shanghai on 1995.
On February 25th, 1996, another Shanghai Yonghe Soymilk King Restaurant Co., Ltd. was established in Shanghai. It is also a fast food restaurant dealing in soymilk and fried dough sticks, and the plaque of "Yonghe Soymilk King" is hung. 1997, approved by the State Trademark Office, this company successfully registered the trademark of "Yonghe Dawang" in the 42nd category (restaurants, fast food restaurants, soybean milk shops, etc.). ).
Hongqi Company reported to the industrial and commercial department that the registered trademark of Yonghe Dawang was not standardized. After investigation and handling, the inspection team of Shanghai Administration for Industry and Commerce sent 1998 14 Shanghai Industrial and Commercial Inspection Zi (98) No.25 "Proposal for Industry and Commerce Administration" to Shanghai Yonghe Soymilk King Restaurant Co., Ltd. (see the figure below): Your company used the word "Yonghe Soymilk King" as a simplified enterprise name in many chain stores under its jurisdiction, therefore, It is suggested that your company carefully study the relevant clauses and provisions of the Trademark Law of People's Republic of China (PRC) and the Regulations on the Administration of Enterprise Name Registration, correct the misleading "Yonghe Soymilk King" plaque, and abide by the recognized business ethics in future business activities to avoid the recurrence of similar situations.
From 65438 to 0999, Lin's younger brother came to Shanghai to open the international chain store Yonghe Soymilk. In the same year, Lin Jianxiong's first "Yonghe Soymilk" direct store opened in Laoshan East Road, Pudong. At that time, there were as many as 20 authorized franchisees and nearly 50 head stores.
On the other hand, consumers don't know. There are Yonghe Soymilk, Yonghe Soymilk King Company, and Yonghe King who also deals in soy milk and fried dough sticks. Which is the authentic Yonghe? Netizens once commented: "Have you ever eaten Yonghe Soymilk? Very delicious? " "Silly girl, Yonghe Soymilk is a thing of the past, and now there is a king-level Yonghe King." "I heard that they are all family members. The eldest brother is called Yonghe Wang, and the second is called Yonghe. " "Can't you? Maybe they are the level assessed by the government quality appraisal. " "In the future, there may be King Haier, King Maotai, King Hongtashan and King Santana in the market." "The fiercest one should be called Wang Zhongwang."
1997 In Shenzhen, Hong Kong resident Lin Lizhen cooperated with Yonghe Dawang Company to open Yonghe Dawang Fast Food Restaurant. Later, the two sides stopped cooperation, and Yonghe Dawang Company did not allow Lin Lizhen to continue to use Yonghe Dawang's trademark. In 2003, Yonghe Dawang Company sued Lin Lizhen for this.
On June 5438+ 10, 2004, Lin Lizhen sued the Beijing No.1 Intermediate People's Court, accusing the trademark of "Yonghe Dawang" of being illegal, and asked the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to cancel the registration of the trademark of "Yonghe Dawang": "Article 10 of the Trademark Law of People's Republic of China (PRC): The following marks shall not be used as trademarks: (7) Exaggeration of publicity is deceptive; (8) It is harmful to socialist morality or has other adverse effects. " Shanghai Yonghe Soymilk King Catering Co., Ltd. has never been engaged in the soymilk industry in Yonghe City, Taiwan Province Province, but registered and publicized its trademark "Yonghe King" in the mainland, which means exaggerating publicity and belittling peers. The Trademark Review and Adjudication Board shall cancel the registration of the trademark Yonghe Wang.
A department manager of Yonghe Dawang Company said: "Dawang" means strictly. "Wang" is mainly aimed at the company and requires our employees to have higher goals for themselves. Externally, we have no intention of being king. As for consumers who think we are the king after seeing the signboard of "Yonghe King" in our store, that is the difference 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 "Wang" in the disputed trademark implied that the goods and services it provided were of good quality, the registration and use of the disputed trademark did not cause exaggerated publicity and deceptive consequences in the market, and there were no other adverse effects. Therefore, Lin Lizhen said that the reason why the word "Wang" in the disputed trademark belittles peers and exaggerates publicity cannot be established.
In September 2004, Beijing No.1 Intermediate People's Court rejected Lin Lizhen's claim in the first instance: the registrant did add the word "Wang" to its registered trademark, indicating that the goods or services it provided were of good quality, but this alone was not enough to constitute "exaggerated propaganda and deception" as stipulated in the Trademark Law, and the plaintiff had no evidence to prove that the registration and market use of the trademark had the above consequences or other adverse effects. ...
Lin Lizhen refused to accept the judgment of the first instance and appealed to the Beijing High Court. In the second trial, the two sides reached a settlement: Lin Lizhen sued Yonghe King for suing Lin Lizhen in Shenzhen, and both sides withdrew the lawsuit at the same time. Afterwards, the author asked Shanghai Yonghe Dawang Company for a settlement agreement, and Yonghe Dawang Company said it was not convenient to publish it.
Lawyer Zhu Miaochun and lawyer Yu Dajiang, who are famous for their professional intellectual property litigation in Shanghai, believe that Taiwan Province Hongqi Company enjoys the exclusive right to use Yonghe Jitu trademark. 1997, Shanghai Yonghe Soymilk King Company registered the trademark of Yonghe King. Although "Yonghe Dawang" is a service trademark registered in the 42nd category, its trademark is mainly used in the operation of Chinese fast food chain stores, which almost coincides with the business scope and consumers of Taiwan Province Hongqi Company, and is easily confused with the latter's services and products. In fact, this confusion has reached a very serious level. As far as the word "Wang" is concerned, it has the meaning of top quality and leading the industry, implying that "Yonghe Wang" is the best of "Yonghe", which is easy to cause misunderstanding by consumers.