Jinmailang "Handmade Noodles," is "Handmade" a trademark? Lawyer's reminder →

Recently, a consumer questioned the product promotion after purchasing Jinmailang’s “Handmade Noodles” because they did not taste like handmade noodles. In response, Jinmailang staff told the media, “Noodles are industrial products, produced on an assembly line; ‘handmade’ is just a name.”

A lawyer believes that the business registering “handmade” as a trademark and using “Handmade Noodles” to mislead consumers creates a “word trap.” Such clever tricks must be strictly prohibited. “This kind of bad practice is not conducive to market fairness and must be curbed. Otherwise, consumers will have to judge whether product descriptions are functional or trademark names, which is obviously absurd.”

“Handmade Noodles” are not handmade

On March 30, according to Nanjing Zero Distance, consumer Mr. Chen recently purchased Jinmailang’s “Handmade Noodles” and questioned the product promotion because he did not taste like handmade noodles.

Mr. Chen said that on the packaging of this Jinmailang noodles, the words “Handmade Noodles” are prominently displayed, with a slogan next to it saying “Like Mom’s Handmade Noodles,” which easily leads consumers to associate “handmade” with traditional handcrafted techniques. However, on the top right corner of the “handmade” words, there is a small font marking the ® symbol for the trademark. Jinmailang staff told the media, “Noodles are industrial products, produced on an assembly line; ‘handmade’ is just a name.”

Yangcheng Evening News reporter found on Qichacha that Jinmailang has been applying to register the “handmade” trademark since April 2001. Similar trademarks include “Handmade Mr.” and “Handmade Master,” and since July 2019, Jinmailang has repeatedly applied for the “Handmade Fresh Flour” trademark, all of which have been rejected.

Some of Jinmailang’s “handmade” trademarks

In fact, the reporter’s search found that in recent years, several well-known brands have been questioned by consumers for playing word games with trademarks. For example, Bai Xiang’s “More Half Bag Noodles” and “More Half Bucket Noodles” series prominently display the word “more half” on their packaging. Consumers found that these products did not weigh half more; “more half” is just a trademark. Qianhe Weiye’s product bottles feature an enlarged number “0” in the “Qianhe 0” label, with some products highlighting “0 additives.” Guangdong Yihou Food’s “Yihou Soil” trademark added “Pig” or “Pork,” leading many consumers to think “Yihou” is the brand and the product is “soil pork.”

Li Bo, director of the Trademark Department at China Council for the Promotion of International Trade’s Patent and Trademark Office, told the media that during the review of trademark registration, different examiners may have varying judgments, leading to some potentially misleading trademarks being approved. Additionally, some applicants intentionally split trademarks or use other methods to evade review.

Lawyer: Such “speculative” behavior disrupts the market

He Shengting, a lawyer at Guangdong Guoding Law Firm, believes that registering “handmade” as a trademark and using “Handmade Noodles” to mislead consumers creates a “word trap.” Such clever tricks must be strictly prohibited. “This kind of bad practice is not conducive to market fairness and must be curbed. Otherwise, consumers will have to judge whether product descriptions are functional or trademark names, which is obviously absurd.”

He said that Article 10 of the Trademark Law of the People’s Republic of China clearly states that marks with deception or that can easily cause the public to misidentify product quality or craftsmanship characteristics cannot be used as trademarks. “Handmade” clearly indicates a handcrafted production process and is a primary basis for consumers to judge the quality and taste of noodles. Jinmailang’s noodles are actually produced on an assembly line but have registered “handmade” as a trademark, which essentially uses trademark rights to create false perceptions, fully meeting the standard for “deceptive trademarks.” Even if the trademark has been registered, it can still be declared invalid.

Furthermore, the Anti-Unfair Competition Law of China prohibits operators from making false or misleading commercial promotions about product performance, quality, or manufacturing process. Jinmailang combining “handmade” with “noodles” in the trademark creates an immediate impression of “handmade noodles,” enough to mislead the public into thinking the product is handcrafted. This deliberate obfuscation of trademark attributes and use of textual hints to mislead cognition exceeds normal trademark use and constitutes typical unfair competition, damaging fair and orderly market competition.

He Shengting suggested that relevant regulatory authorities should strengthen oversight of the lawful use of trademarks, curb companies’ misleading trademarks and attribute obfuscation. Market regulators could carry out special rectification actions, strictly investigate trademark violations, and require companies to clearly separate “trademark” from the actual product attributes, ensuring trademarks are clearly distinguishable.

If consumers purchase such products, they should first gather evidence, keep product packaging, receipts, payment records, and focus on photographing trademark markings and product attribute descriptions. Second, they should communicate with the seller, clearly point out the misleading behavior, request a refund, and report to relevant authorities.

Sources | Yangcheng Evening News, Jinyang.com, Yangcheng Pai

Text | Wang Junjie

Editing | Lin Runqi

Proofreading | Xie Zhizhong

Review | Zhou Lairui