Is it suspected that the logo of the "People's Cafe" that blooms everywhere is illegal?!

▲

click on the attention| Daily Boutique Coffee Culture Magazine Coffee Workshop

Recently,"Modern Express" and other media reported that a coffee shop marked by "People's Cafe" on Zhongshan Road in Shijiazhuang City, Hebei Province has attracted the attention of the general public.

It is reported that this "People's Cafe" uses red as the main color of the store. The store sign uses the word "People's Cafe" and also carries the expression "People's Coffee for the People" below. Another search by a reporter from China Youth Daily found that stores similar to this cafe have already appeared in many places across the country, and some stores have become new check-in landmarks on social platforms. Photos of shop visits shared by netizens are common on social media.

In response, netizens said that the word "people" has strong public attributes and political connotations, which makes it awkward and uncomfortable to be used as a logo for commercial cafes. Its legal compliance has also been questioned due to the use of the word "people" in its store logo.

Some citizens also said that when they saw the sign of this "People's Cafe", they mistakenly thought that it was opened by the People's Daily or other national departments that used similar fonts. They actually checked in to the store and realized that this was not the case. They believed that the merchants used "People" as a store logo may mislead others.

According to a reporter's investigation,"People's Cafe" has opened nearly 30 direct-sales stores in 18 provinces and 20 cities across the country. Its parent company is Yaochao (Shanghai) Culture Communication Co., Ltd.(hereinafter referred to as Yaochao Culture).

Enterprise check data shows that the name of the coffee shop in Chaochao Culture was originally "THE PEOPLE". Since 2022, it has applied for the "People's Cafe" trademark many times, but has been rejected. Currently, it only holds "Chaochao People's Cafe" and "Yaochao People's Cafe". Two registered trademarks. However, the reporter inquired about the facade pictures of many of his direct-sales stores and found that the store advertisements did not display the words "trendy" and "fashionable", but were all in the style of "People's Cafe".

In October this year, Chaochao Culture issued a statement stating that "a large number of people's cafe imitators have emerged across the country suspected of embezzling brand names, visual designs, and even illegally joining." However, the relevant statement is no longer visible on the official account of the "People's Cafe".

(The picture was taken from the video posted by Douyin account @ Do something)

The reporter consulted a lawyer about the feedback from netizens. The other party said that Article 10, paragraph 8, of the Trademark Law of the People's Republic of China clearly stipulates that signs that are harmful to socialist morality or have other adverse effects shall not be used as trademarks.

The word "people" has distinct public attributes and profound political connotations. It carries specific social emotions and public interests. Its large-scale use as a commercial service sign does cause the public to misunderstand the nature and source of the service. It may also damage the public value carried by the term, so there is a risk of being identified as "having other adverse effects."

At the same time, there is a significant difference between the "People's Cafe" logo actually used by the company involved and the "Chao People's Cafe" and "Chao People's Cafe" approved for registration. This behavior of not using it in accordance with the approved trademark format also does not meet the regulatory requirements for trademark use.

In addition, lawyers emphasized that cafes that have not obtained trademark rights also face multiple potential risks. On the one hand, due to the lack of trademark exclusive protection, it is impossible to effectively prohibit others from using the same or similar logos, making it difficult to safeguard their own business interests. On the other hand, if an entity subsequently obtains relevant trademark rights in accordance with the law, the current user may face the risk of being sued for infringement, and the market supervision department may also deal with its irregular use in accordance with the relevant provisions of the Trademark Law.

Picture from: Internet

Disclaimer: Some pictures in this article come from the Internet, and some content on the website, such as pictures, will respect the copyright of the original work and indicate the source. However, due to the huge quantity, there will be some pictures and texts that have not been marked in time. Please forgive me. If the original author has any disputes, he can contact the website to handle them. Once verified, we will correct them immediately. The "Coffee Factory" will organize and edit them. Please indicate if the copyright is infringed, please inform us to delete them. Thank you ~!