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The cost of cracking down on counterfeiting is hundreds of millions of dollars: only because the details of trademark registration are unknown

author:Micro-engine

Milk tea, presumably everyone has drunk, as a new era of new tea industry, very popular with the current young people.

At present, there are many types of milk tea on the market, everyone has their own favorite milk tea brand, and merchants also create circle products and launch marketing activities according to their own positioning.

The cost of cracking down on counterfeiting is hundreds of millions of dollars: only because the details of trademark registration are unknown
Yesterday, a new tea brand, Deer Horn Lane, rushed to Weibo's hot search because of #Spending 100 million fake cottage shops, which triggered strong concern and discussion among netizens.

Appearance is "mountain"

Deer Horn Lane founded the brand in Taiwan in 2013, entered the mainland market in early 2017, and began to apply for registration of deer horn lane catering service trademark in September of the same year.

However, at that time, Buckhorn Lane was already counterfeit, so the trademark was not successfully registered.

The cost of cracking down on counterfeiting is hundreds of millions of dollars: only because the details of trademark registration are unknown

The official website of Deer Horn Lane displays addresses, and many of these cities do not have stores

Moreover, due to the formation of a strong brand influence, the opening speed of the Antler Lane cottage store is much faster than that of the genuine store.

According to CCTV financial reports, there were only 114 directly operated stores in Deer Horn Lane, but fake stores opened more than 7,000 stores.

Suffered a loss that did not understand the trademark

On the afternoon of February 17, @TheAlley issued a statement apologizing on the Weibo of Deer Horn Lane, saying that the registration rules for trademarks were unknown, allowing fake stores to exploit legal loopholes, causing consumers to drink fake Deer Horn Lane, causing market chaos.

The cost of cracking down on counterfeiting is hundreds of millions of dollars: only because the details of trademark registration are unknown

According to Tianyan, the number of trademark applications with the name "Deer Horn Lane" currently exceeds 1,000, including "Deer Horn Lane", "Royal Antlers Lane" and "Antlers Lane Answer Tea", and a total of more than 160 trademarks have been registered and are in a valid state.

The cost of cracking down on counterfeiting is hundreds of millions of dollars: only because the details of trademark registration are unknown

Among them, the founder of the Deer Horn Lane brand has only successfully registered more than 50 text trademarks such as "Deer Horn Lane" and "Deer Horn Lane THE ALLEY".

After successfully obtaining the trademark, Buckhorn Lane has been carrying out anti-counterfeiting and demolition of signboards for many years, and according to its responsible person, the estimated economic cost of cracking down on counterfeiting has reached 100 million yuan.

There are other cottages in addition to the cottages

However, after the Deer Horn Lane brand cleaned up more than 7,000 cottage stores, a large number of cottage brewed Deer Horn Lane milk tea appeared on the market.

Deer Horn Lane officially explained: There are 45 categories of trademarks, which need to be registered and protected in different categories. For a number of reasons, only Class 43 food service trademarks were initially registered, while Class 30 convenience foods and Class 32 beer and beverages were ignored.

The cost of cracking down on counterfeiting is hundreds of millions of dollars: only because the details of trademark registration are unknown

A treasure searched for a tea brew in Antlers Lane

Therefore, in the gap between the delay in the registration of trademarks, there are people with ulterior motives who maliciously preemptively register brand trademarks for the purpose of making profits, and then carry out business franchises.

That is to say, at present, many supermarkets sell brewing deer horn lanes are not genuine deer horn lane brand products.

The cost of cracking down on counterfeiting is hundreds of millions of dollars: only because the details of trademark registration are unknown

However, after searching for "Deer Horn Lane" in a treasure, Xiaobian found that there are still many shops selling such drinks, and the sales are not low, including even the official flagship store of Deer Horn Lane.

Counterfeiting is frequent in the catering industry

The registration and protection of trademarks is directly related to the healthy development of chain brands, and a large number of counterfeit copycat brands need to be carefully identified.

In fact, it is not uncommon for the new-style tea industry to consume brand value due to "piracy" and "copycats".

The cost of cracking down on counterfeiting is hundreds of millions of dollars: only because the details of trademark registration are unknown

Netizens commented on the Cottage Incident in Buckhorn Lane

According to public information, in 2020, Meituan linked all parties to carry out special governance actions, cleaned up and offline more than 12,000 cottage stores, including 8,278 "Deer Horn Lane", 2,596 "coco Duke", 1256 "Xi tea", and 156 "Nai Xue Tea".

In the dispute between the true and false of the brand, there are many incidents similar to Li Kui bumping into Li Ghost.

  • In April 2020, Cha Yan Guan Se sued Changsha Cha Yan Yue Se trademark infringement as the reason, demanding compensation of 210,000 yuan, but the court ruled that Cha Yan Guan Se Fang lost the lawsuit.
  • In September 2019, Heytea sued Hongyun Heetea for trademark infringement, and in the end, Heytea won the lawsuit and was awarded 560,000 yuan.
  • In 2017, there were only 26 directly operated stores of Master Bao's pastry shop, while the number of cottage franchised stores has reached more than 2,000.

How much do you know about food service trademarks

So, for enterprises and small and medium-sized operators in the catering industry, what are the things worth noting in safeguarding brand rights and interests through trademark registration?

First of all, we should know that the main trademark class involved in the catering industry is class 43, including the provision of food and beverage services, temporary accommodation.

In addition, there are a number of other associated trademark classes that require special attention from catering practitioners.

  • Trademark Class 29: including fish, meat, vegetables and fruits and other products, eggs, milk and dairy products, edible oil, etc.
  • Trademark Class 30: including beverages, cereal products, condiments, etc.
  • Trademark Class 32: including beer, juice, water and non-alcoholic beverages, beverage preparations, etc.
  • Trademark Class 33: Alcoholic beverages (except beer) and alcoholic beverages, etc.
  • Trademark Class 35: including advertising, industrial operations, etc.

In addition, for all enterprises and operators, Xiaobian also has the following suggestions:

Register trademarks as early and timely as possible to obtain intellectual property protection.

Strive to register defensive trademarks as much as possible, prevent the registration of similar trademarks, and avoid counterfeiting and infringement.

Increase the registration of related brands and prepare for the application for well-known trademarks.

The micro-engine service market provides "one-stop" trademark services, including trademark change, trademark application, trademark revocation application, trademark refusal review, etc., aiming to provide professional and feasible solutions for trademark protection for small and medium-sized enterprises.

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