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behind the "three sheep" incident: the "hong kong meicheng" trademark was rejected because it was easily misidentified by the public

2024-09-18

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in recent days, it was revealed that the hong kong meicheng mooncakes promoted and sold by xiao yangge and the anchors under three sheep have no offline sales points in hong kong and are not produced in hong kong, which has attracted great attention. tianyancha app shows that guangzhou meicheng food co., ltd. and zhang moumou applied to register the "meicheng mooncake" trademark in the convenience food category in august last year. among them, zhang moumou's trademark application was withdrawn in may this year and is currently invalid. the trademark application of guangzhou meicheng food co., ltd. was rejected in august this year.

screenshot of xiao yangge's live broadcast room selling goods

according to previous reports, on the eve of the mid-autumn festival in 2024, the founder of three sheep company, "crazy little yang brother", and his live broadcast room promoted "hong kong meicheng" mooncakes. little yang brother claimed in the live broadcast room that meicheng mooncakes are a high-end brand in hong kong. the head of the hong kong branch of three sheep, hong kong star zeng zhiwei and his daughter-in-law wang minyi also stood up for "hong kong meicheng" in the live broadcast room. with this help, the "hong kong meicheng" mooncakes, which are similar in appearance, name and main products to the well-known hong kong brand maxim's mooncakes, once had sales of more than 50 million yuan in the market where mooncakes were "unsaleable".

however, the product information of "hong kong meicheng mooncakes" shows that the actual production place of the product is guangzhou and foshan. many hong kong netizens said that they have never heard of this brand. some media contacted several agents of "hong kong meicheng mooncakes", and they all said that "this company has no stores in hong kong" and the production place is basically guangzhou and foshan.

according to reports, the brand operation center of meicheng mooncakes is actually guangzhou meicheng food company, and the manufacturers are guangzhou meicheng technology company and foshan meicheng food co., ltd., and the place of production is not in hong kong.

the hong kong meicheng trademark was rejected because it could easily cause misunderstanding among the public. (source: tianyancha app)

tianyancha information shows that guangzhou meicheng company was registered in 2014. the company applied for registration of the "hong kong meicheng" trademark in october 2022, and the trademark application has been rejected. the trademark rejection review decision shows that the applicant was dissatisfied with the rejection of the "hong kong meicheng" trademark registration application no. 67778635 and applied for a review. after review, it was found that the applicant was not from hong kong, which could easily cause misunderstanding among the relevant public. at the same time, the "hong kong" contained in the application trademark "hong kong meicheng" is a place name of an administrative division above the county level in my country, and has not formed other meanings that are different from the name of the administrative division. although the applicant claims to give up the exclusive right to "hong kong", the relevant public cannot naturally know the relevant circumstances of the application trademark giving up the exclusive right, and will still identify the "hong kong" part of the application trademark.

product information of the mooncakes involved

on september 17, the reporter visited the office of "meicheng mooncake" in shiling town, huadu district, guangzhou, and saw that the company was still in operation. mr. huang, the person in charge of the site, told the reporter that the company has accepted the verification of the local market supervision bureau on the online public opinion, and it is inconvenient to respond to more questions. the staff of the guangzhou huadu district market supervision bureau told the reporter that the bureau's verification of "meicheng mooncake" is still ongoing.

at noon on september 17, the market supervision bureau of hefei high-tech zone announced that it had filed a case to investigate the three sheep company for suspected "misleading consumers" and other behaviors.

is meicheng mooncake suspected of false advertising? in this regard, the staff of guangzhou huadu district market supervision and administration bureau told jimu news that the qualitative question of false advertising still needs to wait for them to communicate and study with the case handlers in hefei and make judgments in accordance with laws and regulations. at present, they cannot give a conclusion.