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Coca-Cola new push "summer hay" herbal tea, trademark registration may be difficult
Release Time:
2022-06-16
Recently, the official flagship store of Coca-Cola Tmall launched a herbal tea product called "Health workshop Prunella herb Beverage" (hereinafter referred to as "Prunella"), which set off a hot debate in the industry.
Recently, the official flagship store of Coca-Cola Tmall launched a herbal tea product called "Health workshop Prunella herb Beverage" (hereinafter referred to as "Prunella"), which set off a hot debate in the industry.
This product is not sold in a single bottle, but the whole box (24 bottles / 500ml) is sold, the discounted price is 297 yuan, and the single bottle is about 12.38 yuan. Some netizens said the taste was similar to Wong Lao Kat. There are also some netizens to ridicule even finished packaging boxes do not have, and the price does not match.
Trademark registration is difficult
Prunus prunus is a traditional Chinese medicine. It grows in wet grass, wasteland and roadside on both sides of river bank or in mountain gully water wetland. It is widely distributed in all parts of China, with Henan, Anhui, Jiangsu, Hunan and other provinces as the main producing areas. It can clear the fire and clear the eyes, and can treat the red swelling pain and headache.
Li Shizhen once recorded in "Compendium of Materia Medica" : "Prunus prunus... The tender seedling has been destroyed, the bitter taste has been soaked, and the oil and salt can be eaten ", and the Ministry of Health has clearly allowed the summer withered grass and other medicinal materials to be used as raw materials for herbal tea drinks in the third announcement issued in 2010.
But many netizens do not seem to buy it, some netizens said that the name of the summer hay will remind people of the highly toxic paraquat. "Hear the price of the heart is half cold, see the name that half is also cold" "looking at the name + color, has begun to be afraid"...
More than that, whether the trademark of "summer hay" can be registered also needs to be considered.
In the name of "summer hay" search on the China trademark network, the main application records of 8 associated trademarks, there is no Coca-Cola figure. And only two trademarks were successfully registered. The application scope of "Prunella dandelion tea" and "Prunella cat grass dandelion tea" involves trademarks related to tea drinks, which are still awaiting substantive review.
With others filing the registration application first, Coca-Cola will not be so easy to lay out the "summer hay" trademark. In addition, according to Article 11 of the Trademark Law, the following marks may not be registered as trademarks: (1) only the generic name, pattern or model of the commodity; (2) directly expressing the quality, main raw materials, functions, uses, weight, quantity or other characteristics of the commodity; (3) those lacking other distinctive characteristics.
"Summer hay" trademark is also used as a Chinese herbal medicine name, whether it is a direct expression of the main raw materials of goods, it is still to be discussed.
Well-known such as Coca-Cola, in terms of trademarks, also follow the provisions of the Trademark Law and other relevant laws and regulations, without approval and registration of trademarks, is not protected by law. Before the product is officially listed, it should be the first time to do a good job of trademark search, timely application for trademark registration, prevent others from taking the lead in registration, and pave the way for future brand management and development.
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