From “手打” to “一袋半”: How Judicial Tolerance Enables Trademark Wordplay?
(By You Yunting) Recently, Mr. Luo Yonghao, a well-known Chinese entrepreneur and livestreamer, criticized on Weibo that a “120W charger” label was potentially misleading consumers, sparking widespread public attention. Similarly, controversy has resurfaced around two trademarks owned by Jinmailang, a major Chinese food company: “手打” (Chinese Pinyin: “Shou Da”, literally “Hand-Kneaded”) and “一袋半” (Chinese Pinyin: “Yi Dai Ban”, literally “One and a Half Packets”). Although the “120W” mark was never registered, Jinmailang’s “手打” and “一袋半” trademarks were successfully registered. During the invalidation proceedings, the Trademark Review and Adjudication Board (TRAB) found both marks deceptive, but the Beijing Higher People’s Court reversed these rulings on appeal. This article will analyze the two cases and their underlying legal issues.