Milk tea is now one of the most popular beverage in China, capturing the hearts of young people with its delightful blend of creamy milk and fragrant tea. Its popularity has spread beyond Asia to other continents. In China, people are even willing to queue up for two hours for a cup of milk tea. Chained milk tea brands are particularly favored for their widespread recognition, strict production standard, and consistent product quality.
Nowadays, many milk tea brands not only focus on product innovation, but also put a lot of energy into brand operation. Meanwhile, in recent years, there are more and more disputes related to milk tea trademarks. Today, I would like to share with you a story related to milk tea trademark.
Cha Yan Yue Se (茶颜悦色) is a tea beverage brand that specializes in “New Chinese Fresh Tea”. By integrating the idea of espresso into the production of Chinese tea, it makes sure that each cup of fresh tea is freshly blended and freshly extracted, preserving the most suitable taste of fresh tea.
On December 28, 2013, Cha Yan Yue Se opened its first store in Changsha, Hunan Province. Two months earlier, on October 8, 2013, the company filed for trademark protection in China. By 2018, this brand became popular throughout China, thanks to its exceptional customer service and innovative milk tea concepts. Then it received a multi-million yuan angel investment.
Initially, 茶颜悦色 only opened branches in Hunan, the province where it originated, but gradually expanded in other cities in China.
When the first 茶颜悦色 store opened in Nanjing in 2022, people were willing to wait in long lines for a cup of milk tea, even paying an extra 200 RMB (approx. $27)for a cup of milk tea, despite its usual price being under 20 RMB (approx $2.7).
Currently, 茶颜悦色 has become a unique and influential city label of Changsha.
茶颜悦色 strongly emphasizes its Chinese style and aesthetics. From its logo to the names of the drinks and the interior design, every detail is perfectly integrated with Chinese cultural elements.
The official logo of 茶颜悦色 (pron,: cha yan yue se) is inspired by Cui Yingying (崔莺莺), a character from the Chinese classic “Romance of the Western Chamber”. The design is both distinctive and rich in classical charm, featuring the character “茶” (meaning tea) set within a hexagonal window lattice pattern, paired with the elegant image of Cui Yingying holding a fan. This thoughtful combination makes the logo highly recognizable and deeply rooted in traditional Chinese culture.
The popularity of 茶颜悦色 has also attracted a large number of imitators. Some brands have even copied its logo and business concept, misleading consumers to associate their brand with 茶颜悦色. In 2020, the company took legal action against one of these imitators, bringing the case to court.
In 2020, Hunan Cha Yue Culture Industry Development Group Co., Ltd. (湖南茶悦文化产业发展集团有限公司), hereinafter referred to as Cha Yue Company), the parent company of Cha Yan Yue Se, filed a lawsuit against Guangzhou Luoqi Catering Co., Ltd (广州洛旗餐饮有限公司, hereinafter referred to as “Luoqi Company”), Guangzhou Kai Xun Sheng Pin Catering Management Co., Ltd. (广州凯郡昇品餐饮管理有限公, hereinafter referred to as “Kai Xun Sheng Pin Company”), and Liu Qiong Beverage Shop in Changsha’s Tianxin District (长沙市天心区刘琼饮品店, hereinafter referred to as “Liu Qiong Beverage Shop”). The lawsuit claimed that the defendants had engaged in unfair competition by using interior design of store and branding identical or similar to those of Cha Yue Company.
The defendants, Luoqi Company and Kai Xun Sheng Pin Company, named their brand 茶颜观色 (Cha Yan Guan Se), differing by only one character from 茶颜悦色 (Cha Yan Yue Se). Their brand logos are also very similar to 茶颜观色 (Cha Yan Guan Se). In addition, the defendants also put promoting photos of Cha Yan Yue Se’s stores on their own website, altering the logos and store names through photoshop. And they also plagiarized the names of Cha Yan Yue Se’s signature products (e.g. 幽兰拿铁Orchid Latte, Sheng Sheng Oolong声声乌龙, etc.), to promote their own branding and franchise licensing. These actions were used to mislead consumers and unfairly capitalize on Cha Yan Yue Se’s reputation.
| Cha Yue Company (the plaintiff) | Luoqi Company, Kai Xun Sheng Pin Company, and Liu Qiong Beverage Shop (the defendants) | |
| Brand names | 茶颜悦色 (Cha Yan Yue Se) | 茶颜观色 (Cha Yan Guan Se) |
| Brand logos |  |
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In this duel between 茶颜悦色 (Cha Yan Yue Se) and 茶颜观色 (Cha Yan Guan Se), it was the imitators who lost in the end. The court ruled that Luoqi Company, Kai Xun Sheng Pin Company jointly compensated 1.5 million yuan to Cha Yue Company for this trademark infringement, and Luoqi Company and Liu Qiong Beverage Shop jointly compensated 200,000 yuan in damages to Cha Yue Company.
The actions of Luoqi Company and Kai Xun Sheng Pin Company undoubtedly misled consumers by associating their brands with 茶颜悦色 (Cha Yan Yue Se). Since 茶颜悦色 (Cha Yan Yue Se) initially was only available in Hunan Province, leading to high demand for its products from people in other provinces in China. Many people witnessed the rising popularity of 茶颜悦色 (Cha Yan Yue Se) and wanted to join the franchise for profit. Some people happened to catch the mentality of people who want to open a branch of this famous milk tea store. They used brand names and trademarks similar to 茶颜悦色 (Cha Yan Yue Se), deceiving people and collecting franchise fess for personal gain. Luoqi Company and Kai Xun Sheng Pin Company were among those who took advantage of this opportunity, but they’re not the only ones who did it.
Currently, as soon as you enter the official website of茶颜悦色 (Cha Yan Yue Se), you will see the official notice warning against counterfeit products, telling people that all the information about franchising, investment, and agency related to 茶颜悦色 (Cha Yan Yue Se) is fake and fraudulent. So far, the legal team of 茶颜悦色 (Cha Yan Yue Se) has initiated complaints against more than 2600 counterfeit brands who spreads false information.
As of the date of writing this article, the CNIPA trademark registry lists 1,035 applications filed across all 45 classes by Hunan Cha Yue Culture Industry Development Group Co., Ltd.
