Famous brand milk tea franchise stores may be fake, intellectual property persons recommend all -chain protection

Jimu Journalist Liu Dongli

Intern Li Chenxing

The milk tea brand that has become popular with a cup of "dirty tea". When there are only 100 real stores, there are more than 7,000 cottage shops at one time;

Some consumers purchase a cup of tea Yan Yuecai milk tea at a price of nearly 100 yuan at a price of nearly 100 yuan, but found that it is a cottage.

Recently, the market supervision department of Hubei Province investigated and dealt with a number of cases of registered trademarks for well -known domestic milk tea brands. 892,700 fake finished product infringement milk cups were seized at the scene, and 185,000 semi -finished products used to make milk tea cups.

On June 25, intellectual property protection persons told Jimu Journalists that the catering industry has always been a disaster -stricken area for trademark infringement, and the new tea market is the hardest hit area. The brand should improve the protection of intellectual property rights and establish a full -chain protection mechanism.

Wuhan Milk Tea Brand Yihetang has been eroded by cottage shops many times

The new tea brand is eroded by the cottage shop

When you go for a good name and buy a long -lasting milk tea, you never think of it, the cup of milk tea in your hand may be fake.

At the end of May, the Hubei Provincial Market Supervision Bureau investigated and dealt with a number of domestic well -known domestic milk tea brands registered trademarks in Wuhan Lake Lake and Xiaogan City. The semi -finished product of the paper cup is 185,000. It is reported that most of these "counterfeit milk tea cups" are mostly used in well -known domestic milk tea brands such as Yixia Hall, Tea Hundred Tao, and Burning Fairy Cao.

In February last year, Hunan Chayue Culture Industry Development Co., Ltd. complained to the Market Supervision Bureau of Wuhan River Bank District, reflecting that there was a counterfeit "Chaye Yue Se" store in a takeaway platform and a super high premium sales of counterfeit brand drinks. The Market Supervision Bureau of Jiang'an District immediately acted to destroy the underground den at the Hanfei Youth City. A group of raw materials and tools for infringing milk tea were seized at the scene. The market supervision department ordered takeaway platforms to remove the counterfeit stores.

In recent years, new tea drinks have been sought after by young consumer groups, but the cottage shops and brand -name intellectual property infringements have also been banned. Many milk tea companies have said that they have been frequently infringed by trademarks. According to public reports, the "Deer Point Lane" was most seriously eroded by more than 7,000 cottage shops at the time of the worst; "Tea Yan Yue Se" was stationed in Wuhan to sell counterfeit drinks on the takeaway platform; At the end of 2019, rights protection began in Guangxi. In 2020, more than 400 fake stores were found in Guangdong ...

"The joining of the cottage not only misleads consumers, but also allows innocent franchisees to receive deception." According to the relevant person in charge of Yihetang, a shop owner of Guangzhou has paid the brand use, technical training, production equipment and accessories, including the brand use, technical training, production equipment and accessories. After the franchise fee and operation management fee, when the leasing store was ready to be listed, it was informed by the local market regulatory authorities to use the "Yihe Hall" brand and ordered it to stop opening operation. It turns out that the significant part of the brand logo of the "Yihe Hall" brand of "Yiren Tang" is the word "Yihe Hall". According to the trademark inquiry information, the exclusive right of the registered trademark of "Yihe Hall" is actually in Wuhan Yimi Drinking Technology Co., Ltd. is held, and Liu's "Yihetang South Poem Poem" trademark has not been successfully registered, and the authorization of the brand has no legal basis for the brand.

Similar situations also occur from other brands. According to reports, Ms. Zhao (a pseudonym) paid more than 300,000 yuan in franchise fees and invested more than 600,000 yuan, and opened a deer -hug alley milk tea shop, but the taste of milk tea was questioned by many customers. It was not until more than a year later that Ms. Zhao learned from the regular brand that she opened a fake shop, and at this time, she had lost millions of yuan.

Quick recruiting company is an important reason for fake shops

The team of lawyers where Zhang Xianxian, a lawyer of Hubei Eagle and Zhuo Law Firm, participated in the brand's rights to defend the brand of "Yihe Hall" and "Book of Burning Fairy Cao". "If you have not participated in the brand's rights protection, I really don't know that the rights protection of this industry is so difficult." According to Zhang Xianxian, in 2019, the Yihetang brand discovered a large number of fake stores in Guangxi, and this large number of fake stores found in Guangxi, and this large number of fake stores found in Guangxi. They are all related to a company called × Yan. The company's investment promotion franchise is extremely fast. In just a few months, a large number of "× Yan Yitang" appeared in Guangxi. Among them, on the store signboard and milk cup, the word "× Yan" is very small, but the words "Yifangtang" are very eye -catching.

After prosecution, the court sentenced Yitang to the victory, and the local market supervision department quickly carried out market cleanup. But the greater test is still behind. "Zhang Xianxian said helplessly that in 2020, they were ready to pursue the victory and continue to clean up the market, but found that the efforts of fake fakes can not keep up with the speed of new fake stores. Quick recruitment company acts as a genuine company to join in.

Zhang Xianxian introduced that in May 2021, the Shanghai police cracked the first "routine franchise" contract fraud case to attract franchisees with franchise fees to attract franchise fees with fictional performance. The amount involved reached more than 700 million yuan. These people have forged multiple brand authorization books, designing and printing a large number of publicity materials, and hiring personnel who pretend to be consumer to queue up in milk tea shops to create a hot illusion of business, and deceive the trust of franchisees with layers of franchise routines. After the franchisee pays the franchise fee, the criminal gang is negatively performed by delaying the site selection time, looking at the map of the map, raising the decoration procurement quotation, and the supply of raw materials. It was even closed. Last year, Zhang Xianxian's team was entrusted by the brand and cracked down on thousands of counterfeit brand milk tea shops and dozens of fast recruitment companies.

Intellectual property should be protected by the concept of full chain

"Intellectual property protection should be the concept of the whole chain. You must not use a single method to solve the dilemma of the brand being besieged by a cottage store." Intellectual property protection persons told Jimu Journalists that the catering industry has always been the disaster area of ​​trademark infringement, and the new style The tea market is the hardest hit area. A large number of cottage fake shops are rampant, and the damage to the brand is very great. Once the unknown consumers are not well experienced, they will have a negative impact on the brand. Bad influence.

In this regard, relevant persons said that the brand should raise awareness of trademark protection and achieve "the market has not moved and trademarks first." It may be too late to think of trademark registration until the brand is started.

Secondly, after the trademark approval is approved, trademark surveillance should be continued. It is found that the trademark is maliciously stealing. It is necessary to propose objections or apply for the trademark for the first time. If necessary, an administrative lawsuit can be filed. In addition, a well -known trademark can also apply for well -known trademark protection to expand the protection scope of the protection of trademark rights.

It is reported that in April last year, "Tea Yan Yue Se" sued the "Tea Equipment" in improper competition and won a total of 1.7 million yuan.

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