Zhejiang Xinmeixin Food Industry Co., Ltd. (hereinafter referred to as "Xinmeixin"), a local cake star enterprise in Ningbo that has always been dull and even a little old-fashioned, is making great moves. For a brand that has accumulated popularity in Ningbo for nearly 20 years, this seems to be a bit contrary to business rules.
20 1 1 From April 30th, 2008, nearly 200 stores under Xinmaixin will all stop using the product logo of Xinmaixin and start using the "green posture" brand. For the new Maxim, this change may not be as gorgeous as most people think. Founded in 1992, Xinmaixin is a wholly foreign-owned enterprise headquartered in Beilun. The registered capital of the company is10.05 billion USD. After nearly 20 years of accumulation, "New Wheat Heart Cake" has become a household name in Ningbo, with stores all over Ningbo, Zhoushan and Shaoxing. By March of 20 1 1 year, its direct chain stores had reached 182, with more than 1700 employees. Besides Ningbo, there are three stores in Shaoxing, and the number of stores in Zhoushan alone has expanded to 24. And keep opening new stores.
In ordinary storefront decoration, there are only a few standardized hollow characters on the signboard, but there are no beautiful LOGO and English fonts, and the signboard color is a little old ... Nearly 20 years have passed, and although Xinmeixin has won the taste of more and more people, it is still new compared with cake brands with fashionable names such as "Bread Newspeak", "85 C" and "Nalabami".
In the past month or so, Xinmeida has launched a large-scale "renovation" project. In addition to keeping the word "Xinmeixin" in the officially registered businesses of the company, the brand "Green Pose" is also fully used in the signboard, price tag, product packaging and promotional information of the store.
The brand "Green Pose" is unfamiliar to most Ningbo people. In fact, this brand was registered as a trademark and used by Xinmeixin in July 2000. In 2008, Xinmeixin officially launched two baking shops named "Green Life", and the decoration style was different from other Xinmeixin shops. Both stores are located in high-end boutiques.
In the official website of New Maixin, the definition of "green posture" is: adhering to the life concept of "nature, freedom and freedom" and self-satisfied attitude, with a leisurely and warm style, clean and comfortable environment, sweet and delicious food and warm and thoughtful service, let customers feel the quality life of modern cities with their hearts. The brand that has worked hard for nearly 20 years, why did it suddenly change its face completely when the company's development was not obviously hindered by the brand? Mr. Luo Ziguang, the chairman of the company, said that the purpose of the makeover is to enhance the brand.
Luo Ziguang said: "Up to now, the company has gone through three stages: team building from 1992 to 2000, market building from 2000 to 20 10, and brand building from 2010/year. Green posture is the brand to be built next, and healthier and better quality is the core of the brand. The company has been brewing for a long time for brand promotion. "
"Healthier and better quality is the promotion of' Green Cake', which will highlight products, services and more added value and will be shaped into a benchmark service brand." Luo Ziguang said.
20 1 1 In May, a new factory with a total investment of 200 million yuan and an area of more than 25,000 square meters will be officially put into operation. The new factory will introduce foreign advanced production lines in an all-round way, and strictly control the time, temperature and humidity of processing links in combination with Japan's strict technology to ensure the standardized production of products.
Luo Ziguang said: "Such a huge investment is to build the company into a safe food enterprise that can reassure customers and ensure product quality." Although brand upgrading is the biggest reason why Xinmeixin emphasizes the makeover, the recent trademark and trade name dispute with Hong Kong Maxim Food Co., Ltd. seems to have contributed to this.
An intellectual property lawsuit formally tried by Ningbo Intermediate People's Court has aroused great concern of many Ningbo people.
In this regard, Hong Kong Maxim Food Co., Ltd. filed a lawsuit. According to the company, the 30th category of "Maxim+Maxim" trademark was registered in China many years ago, covering candy, catering and other commodities. After 1992, Hong Kong Maxim set up 100 enterprises in Guangdong, Shanghai and other places to deal in "Maxim's" series of foods. In 2009, Maxim found that words similar to Maxim's trademark were significantly used in the advertisements of China Hotel Magazine. On this basis, Hong Kong Maxim believes that the new Maxim has infringed on their registered trademark rights. In the indictment, Hong Kong Maxim asked the court to order Xinmaixin to stop using the word "Xinmaixin" and compensate the economic loss of 5 million yuan.
It is understood that as early as1June 4, 1992, Ningbo Xinmeixin Food Co., Ltd. (201kloc-0/65438+1the end of October, the company name was officially upgraded to Zhejiang Xinmeixin Food Industry Co., Ltd. after being approved by the Zhejiang Provincial Administration for Industry and Commerce) has been approved and registered in the industrial and commercial department of Ningbo. Coincidentally, in the same year165438+1October 20th, Hong Kong Maxim Food Co., Ltd. successfully registered the trademark of "Maxim+Maxim" in China for the first time. In the course of operation, Xinmaixin Company unified the name of Xinmaixin and publicized it to the outside world, but did not register Xinmaixin and Maxim as trademarks. The trademarks applied for and registered by the company in the State Trademark Office are "Green Pose" and "Red Palace", among which "Green Pose" is relatively used.
The attorney of Xinmaixin said that the registration time of Ningbo Xinmaixin's trade name (brand name) was earlier than that of Hong Kong Maxim's trademark. According to the regulations, the names of commercial and catering service enterprises can be simplified appropriately. The "Xinmaixin" in Ningbo Xinmaixin is the core part, and it is also a remarkable symbol to distinguish different market entities, and there is nothing wrong with its use.
Hu Yuejun, a trademark brand expert in Ningbo and vice president of Ningbo Enterprise Brand Protection Association, once said: "This case is similar to the dispute between Yonghe and Soymilk five years ago. It's a dispute between trademarks and trade names. Enterprise trademark right and enterprise name right are both identification marks under intellectual property rights. Conflicts sometimes occur due to different jurisdictions. Generally speaking, to judge whether the relevant enterprises constitute infringement, we should focus on three principles: the principle of good faith, the principle of protecting prior rights and the principle of prohibiting confusion. "
From the first few West Point brands such as Xinmeida and Monopen to nearly ten famous brands such as Hamilton, Bread Newspeak, 85 C and Christine, the number of West Point brands in Ningbo has surged in recent years, and the market competition is extremely fierce. In the face of such a fierce market competition environment, it is not difficult to understand that Xinmeida, which is caught in the dispute between trademarks and trade names, has completely upgraded its brand.