Involved in trademark infringement lawsuits, more Chinese time -honored "Texas picking chicken" to be IPO

Chinese old -fashioned enterprise Shandong Texas Piccale Co., Ltd. (hereinafter referred to as Texas Chicken Company) is sprinting the IPO.

Data source: Reporter sorted out the visual Chinese map Yang Jing map

In the Dazhou Chicken Company Prospectus (Application Draft) (hereinafter referred to as the prospectus), the brand advantage is the primary advantage of the company. However, the reporter of "Daily Economic News" noticed that as far as the "Texas picking chicken" trademark is concerned, in recent years, the company has frequently had trademark disputes with peer companies; Essence

Brand image may be unfavorable

According to the prospectus, chopped chicken products were founded in 1692. In 1982, the "Texas" brand trademark was successfully registered in the former State Administration for Industry and Commerce. In 2006, the "Texas" brand trademark was rated as the "Chinese Lao Zee" by the China Commercial Federation and the Chinese Old Brand Committee. In the same year, the Trademark Bureau of the State Intellectual Property Office approved the "Texas Chicken Chicken" trademark registration.

The "Texas Chicken Chicken" brand is regarded by Texas Chicken Company as its core advantage. but. There are many chicken producers in Texas. Over the years, around the "Texas Chicken Chicken" series of trademarks, Texas picking chickens and local counterparts frequently have disputes. For example, in the trademark dispute between Texas Chicken Chicken Company and Texas Dexiangzhai Cake Chicken Food Co., Ltd., the latter was accused of infringement of trademarks, Texas Dexiangzhai Cake Chicken Food Co., Ltd. advocated that Texas is a place name, "Texas steak chicken" is a conventional culprit. General name. However, after the second judgment, Texas Dexiangzhai Chicken Food Co., Ltd. was still identified as a trademark infringement.

It is worth mentioning that "place name plus snack category", using this model as a signature snack bar is very common in streets and alleys in various places. In 2021, the controversy of trademarks such as "Xiaoyao Town Hu Spicy Soup" and "Tongguan Meat Clear" has attracted widespread attention. At the end of November 2021, the State Intellectual Property Office explicitly stated that from the law, "Xiaoyao Town", as an ordinary trademark, cannot collect the so -called "conference fee" accordingly. "Tongguan meat clip" is a geographical indicator registered as a collective trademark. The registrar has no power to use the geographical logo collective trademark from the merchants outside Tongguan and collect the franchise fee. At the same time, there is no right to prohibit the place names in the collective trademark of the geographical indication collective trademark in the specific region of Tongguan.

In the future, how will the "Texas Chicken Chicken" series of trademark disputes develop and how does it affect the Texas picking chicken company? On August 8, 2022, Xia Sun Ming, a senior partner of Beijing Jinwen Law Firm, analyzed in an interview with the reporter of "Daily Economic News" that the food processing business of Texas Chicken Company belongs to the industry with fierce competition in my country's market. First, in business practice, there may be any companies with counterfeit companies and selling inferior products to the interests of Texas Chicken Company.

The reporter found through the referee document network that the "Texas picking chicken" trademark infringement lawsuit that the company involved over the years has many years. In addition to "Texas" is the local name, "Texas picking chicken" is the universal name of the product, the defense of the infringement party sued the infringement party The reason is that "Texas picking chicken" is not exclusive to Texas Chicken Company. "Texas Chicken Chicken" belongs to all the chick -making techniques in Texas, which does not constitute trademark infringement; some competitive companies advocate the right to abuse lawsuits by the Texas Chicken Company. Suspected of improper competition. In this regard, Xia Sunming added that competitive companies may become a common name for the commodity approved by registered trademarks, and claim that the application for the cancellation of the trademark may have a adverse effect on the company's IPO.

In this regard, on August 5, 2022, the Texas Chicken Company said in an email to reporters that the company, as a "old Chinese name" enterprise, has always attached importance to its own intellectual property protection, and will continue to strengthen the company's trademark protection awareness. While protecting the prevention mechanism, take the initiative to carry out rights protection in accordance with the law. However, the company also stated in the prospectus that if other companies imitate the company's brands and sell inferior products, they may adversely affect the company's brand image.

The company explained the reason for unpaid social security

As a company with a history of over 300 years, in recent years, Texas Chicken Chicken Company has also experienced a series of changes.

According to the prospectus of the Texas Chicken Company, the company is mainly promoted by the chicken group and Cui Guihai. The Chicken Group was restructured by the national ownership company Shandong Texas Chicken Corporation. However, when it was launched in August 2010, Cui Guihai had become the controlling shareholder of Chicken Group and controlled the Texas Chicken Company through the chopped chicken group. Today, Cui Guihai, Cui Yan, and Chen Xiaojing all control 60.06%of the voting rights shares of the Texas Chicken Company in total to be the actual controller. Cui Guihai and Cui Yan's father -son relationship, Cui Guihai and Chen Xiaojing are the relationship between husband and wife. That is to say, Texas Chicken Chicken Company is an absolutely controlled family company in Cui Guihai family.

As a family company, how is the Texas Chicken Company's management? From 2019 to 2021, the company did not pay the number of five insurances 449, 388 and 143, respectively. Among them, in 2019 and 2020, the number of five insurances was not paid 29.64%and 28.14%, respectively, and the ratio fell to 10.42%in 2021.

It is worth noting that the recent social security payments of catering companies have attracted widespread concern. The chairman of the villagers, Shu Congxuan, once released a video channel saying: "I couldn't buy social security for all the chickens of the villagers. I felt very ashamed and blame."

Why did the Texas steak chicken company not pay social security? The Email of the Texas Chicken Company said that during the reporting period, the company's social insurance and housing provident fund payment differences were mainly because some employees had paid new agricultural cooperation, new agricultural insurance, or voluntarily gave up, or had been paid in other units. The prospectus has been disclosed. "Daily Economic News" reporters noticed that there were 449 people and 388 people who did not pay five insurances in 2019 and 2020, in addition to the above reasons mentioned by Texas Chicken Company, there were still 262 and 262 people and the prospectus, respectively. The reason why 237 people did not pay five insurances did not explain in detail, only "other".

Xia Sunming analyzed a series of issues such as food safety, commissioned breeding, franchise chain, new crown epidemic, and employee social security. Texas Chicken Chicken Company, as a well -known enterprise in the segmentation of the chicken industry, could not escape and could not go around. Social insurance is a social security system for compulsory, and has legal compulsory. Labor Law, "Social Insurance Law", and "Interim Regulations on Social Insurance Payment" have clearly stipulated that participating in social insurance and paying social insurance premiums is a compulsory clause set by the law to employers and workers. The legal obligations that must be fulfilled at the same time.

At the same time, Xia Sunming said that the company's failure to pay the provident fund and the number of five insurances from 2019 to 2021 has declined year by year, but if the relevant matters are not handled properly, it may not affect the company's production, operation, brand image, and even IPO.

How to compete with the three giants?

The "three giants" of the Texas Chicken Corporation are regarded as competitors, namely the three companies of Juewei Food, Zhou Heiya and Huang Shanghuang have risen. In the new retail era, how does Texas Chicken Company face market competition? The prospectus shows that from 2019 to 2021, the Texas picking chicken company achieved revenue of 687 million yuan, 682 million yuan, 720 million yuan, and net profit of mother -in -law of 122 million yuan, 95 million yuan, and 120 million yuan; the number of stores was 553 is 553 Family.

In contrast, the revenue of the "Lochi Giants" in 2021 was more than 2 billion yuan. As of the end of 2021, there were also more than 2,000 stores of the three companies. It can be seen that there is a big gap between Texas Chicken Chicken Company and three companies.

In this case, how can Texas picking chicken companies break through? When the Email of Texas Chicken Company replied to reporters, it mentioned many measures, including the launch of some leisure halogen products to expand the market; it will build a new production base in Suzhou, and radiate the entire Jiangsu, Zhejiang and Shanghai region with Suzhou.

The important measures of the Texas Chicken Company to the extension of leisure halogen products launched the "Lu Xiaogi" series of casual halogen products. According to the report of Surging News in 2021, in 2020, Lu Xiaoji's omni -channel sales of Lu Xiaoji's leisure product series sold 20 million yuan. However, regarding Lu Xiaoji's sales, Texas Chicken Company said that it cannot provide relevant data for the time being.

Judging from the prospectus, chopped chicken products are still the main product of Texas Chicken Cocking Company. From 2019 to 2021, in addition to supermarket business and other businesses, the main income of Texas Chicken Chicken Company's chick products accounted for 67.22%, 64.66%, and 66.8%, respectively. The proportion of meat non -staple food products accounted for only 10.16%, 11.41%, and 11.41%, respectively.

It is planned to build a new production base in Suzhou is the current important force of Texas Chicken Chicken Company. This time, the company's proposed 450 million yuan of 758 million yuan will invest in this project.

For these measures of Texas Chicken Company, on August 8, 2022, Chinese food industry analyst Zhu Danpeng WeChat accepted an interview with the reporter of the Daily Economic News that the trademark and the entire intellectual property system were complete. It is very important to say that if the problem is not clarified in this regard, many disputes and uncertain factors may be triggered in the future.

Zhu Danpeng believes that the main business and brand influence of Texas Chicken Company is mainly concentrated in Shandong, and it has not yet moved to the country, and there is a large gap with the "three giants". If the company wants to achieve good development, it needs to achieve good brand effects and scale effects on the basis of clarifying trademarks and brand issues, as well as better innovation and upgrading iterations in products. As for the expansion of the market through the construction of the Suzhou base, it can be fully promoted after the above work is fully prepared, otherwise it may increase the company's heavy asset ratio and even eat the profit of the company.

Daily Economic News

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