In 2000 - the end of the 19th century, after strict review and trial, the Trademark Review and Adjudication Board determined that "typhoon shelter" is not an original word, but a conventional term in the catering industry. Registration as a trademark is a violation of the "Trademark Act and the Trademark Review and Adjudication Rules, violating the principles of good faith and fair competition. In the end, the "typhoon shelter" will be restored to its true colors - a paradise for legal operations and fair competition in the catering industry, not the exclusive territory of opportunists.
The story of “Typhoon Shelter”
What exactly is “Typhoon Shelter”? Why is it popular all over the world?
Typhoons hit Hong Kong every year from June to September. In order to prevent ships entering and leaving Hong Kong from being hit by typhoons, the Hong Kong government built a typhoon shelter in Victoria Harbor in 1862. In addition to being able to berth 50 giant ships, there are also many small ships that come here to avoid typhoons. There are 11 wind shelters in the city, the largest is Causeway Bay, which is called a typhoon shelter by the locals.
Since the 1960s, due to environmental pollution, fishermen who make a living by fishing along the coast of Hong Kong have found it difficult to catch fish in the waters near Hong Kong, and it has become difficult to make a living by fishing alone. Fishermen who have called the sea their home for generations are reluctant to leave the sea. In contrast, the prosperous Causeway Bay has gradually become the most prosperous consumer and entertainment district in Hong Kong.
Some fishermen set their sights on Causeway Bay and began to sail to Causeway Bay. They set up stoves and used fishermen's special cooking methods to sell special delicacies. For example: seafood, porridge, noodles, noodles, etc. The most famous ones are "Typhoon Shelter Chili Fried Crab", "Typhoon Shelter Grass Shrimp", "Typhoon Shelter Fried Noodles", etc.
Every night, fishing boats with lights and colorful lights dock in groups on the shore, and people enjoy delicious food and enjoy performances on the rowing boats. A scene of singing and dancing gradually forms a " Floating Market”.
Since the 1980s, "typhoon shelter" has been brought to the shore with its characteristic flavor. Since then, "typhoon shelters" have quietly sprung up in Japan, Singapore, the United States, mainland China and Taiwan, and some cities have introduced "typhoon shelters" into star-rated hotels.
The judge unveiled the term "typhoon shelter"
After half a year of investigation and trial, the court finally concluded that the term "typhoon shelter" used by Tung Chung Pier is only used to introduce the characteristics of catering services. It is not used in the name of a company, but in the long-term and continuously developing business activities, it has gradually become the name of a type of special flavor dishes and food business methods that are generally accepted by consumers. "Typhoon Shelter" cannot be a service name exclusively enjoyed by one company. Therefore, Tung Chung Pier’s use of the words “Typhoon Shelter” in advertising does not violate the provisions of the Anti-Unfair Competition Law and will not cause consumers to misunderstand or confuse the company. The lawsuit filed by Shanghai Fengfengtang Food Co., Ltd. lacks legal basis.
Bifengtang Jieke Milk Tea and Bifengtang Jiake Milk Tea
Both exist
1 Brand name Bifengtang Jieke
English name Be For Time Tea House
Company name Shanghai Be For Time Tea House Co., Ltd.
English name Shanghai Be For Time Tea House Co., Ltd.
Company address Shanghai No. 31, Shengfu Road, Jiuting Jiufu Economic Development Zone, Songjiang
Company website/aboutbft.asp
The birthplace of the brand, Shanghai
Established in 1998
Franchise area Shanghai and Beijing
2 Company name: Typhoon Shelter Jiake Beverage Co., Ltd.
Business address: Dalian City, Liaoning Province, China
"Street View" Dessert and Drink Bar is a grab-and-drink beverage takeaway shop. Adhering to the corporate culture and business philosophy of Shenyang Bifengtang Tea House Co., Ltd., and learning from its successful operating experience and product production technology, we have developed a professional, fast, delicious and healthy "street view" dessert and beverage bar.
In 1998, Shanghai Typhoon Shelter Tea House Co., Ltd. was established, creating an operating model of "unlimited fun and unlimited drinks" and quickly won the favor of many young people with its unique leisure style.
Immediately afterwards, Shanghai Typhoon Shelter quickly completed its expansion through the chain franchise model, and became popular in large and medium-sized cities.
As the first franchise store of Shanghai Typhoon Shelter outside Shanghai, Shenyang Typhoon Shelter appears as the exclusive franchise agent for teahouses in the three northeastern provinces and Inner Mongolia. However, with the further expansion of operations, the contradiction between Shanghai Typhoon Shelter and Shenyang Typhoon Shelter emerged.
In the second half of 2004, the two teahouses officially broke up. Li Yining led three Shenyang Typhoon Shelter Teahouses to withdraw from the chain franchise, reapplied for the "Typhoon Shelter" trademark and graphic trademark in Beijing, and registered Shenyang Typhoon Shelter Teahouse Co., Ltd. The two companies have now divided their forces into two separate camps, fighting against each other from the north to the south. At that time, they already had their own takeaway brands - "Jieke" and "Jieke".