Where is the "big brand" of Meicheng mooncakes? I need to give an explanation.
The Meicheng mooncake controversy continued to ferment. On September 18, the Guangzhou Huadu District Market Supervision and Administration Bureau notified the relevant situation of Meicheng mooncakes, and introduced the business operation, trademark use and food quality inspection of the related companies of Meicheng mooncakes. The Market Supervision Bureau has sent a letter to the municipal supervision department where the live broadcast platform is located and the municipal supervision department where the live streaming company is registered, requesting assistance in the investigation. The relevant situation needs to be further verified. Next, the relevant departments will closely follow up the progress of the incident, carry out further verification of the cooperative relationship and cooperation content between Guangzhou Meicheng Food Co., Ltd. and the relevant live streaming hosting platform, and strengthen the supervision and compliance guidance of relevant enterprises.
As the location of the moon cake manufacturer, the notice of the Huadu market supervision department explained to the public the complex relationship between several companies involved in Meicheng moon cakes, and explained the testing of their products for inspection and the results of the regulatory department’s active sampling of moon cake manufacturers in the jurisdiction. At present, it seems that no quality and safety problems have been found in the moon cake products involving controversial topics.
Of course, it must also be noted that consumers and netizens have paid attention to Meicheng mooncake products from beginning to end, and only a small proportion have been placed on product quality issues. More controversial points have fallen on whether there is false propaganda in content such as "Meicheng is a big brand" and "Hong Kong Meicheng" during the sales of the product through the live streaming platform. This is also the issue of "cooperative relationship and cooperation content" that the manufacturer and the relevant live streaming hosting platform need to further verify as reported by the Huadu District Market Supervision Department.
Is it the manufacturer who is marketing the so-called "big brand in Hong Kong" in the way of "registered in Hong Kong and produced in the mainland", or is the live broadcast platform deliberately creating a so-called "Hong Kong-made" atmosphere based on the exaggerated expression of oral broadcast to mislead consumers? As a physical product of mooncakes, in the traditional marketing scenario, consumers can of course make judgments based on the detailed geographical labels of the manufacturer. The packaging of the product called "Hong Kong Meicheng Mooncakes", even the smallest font, clearly indicates its true place of production. But in the emerging live broadcast environment, not only can the product not be observed in detail at the first time, but the colloquial and exaggerated characteristics of the live broadcast may also be more misleading.
The relevant investigation is still ongoing. The way and content of the cooperation between the manufacturer and the relevant live streaming host platform need to be investigated in depth, and whoever is responsible will have to bear the responsibility. While the public is waiting for further investigation conclusions and handling results, it is also necessary to understand the series of "gameplay" of Meicheng mooncakes involved.
According to the report of the market supervision department, Guangzhou Meicheng Food Company has obtained the business license and the record of selling prepackaged food, and is a food trader that meets the qualification requirements. At the same time, Guangzhou Meicheng Technology Company also has the business license and food production license, and the quality management system and production process environment also meet the requirements. Including the brand related to "Hong Kong Meicheng Mooncake" used by it is from the brand authorization of Hong Kong Meicheng Food Group, and all the legal procedures seem to be in place.
Combined with the previous combing of the media, Guangzhou Meicheng Company registered in 2014 is the "production base" of Hong Kong Meicheng group company registered in Hong Kong in 2019. Hong Kong Meicheng group company registered a number of trademarks containing the words "Meicheng" and patterns in Hong Kong in 2023 and 2024 respectively. Among them, the trademarks of "Hong Kong Meicheng Mooncake" and patterns were registered on September 22, 2023. This set of operations can easily make consumers think that there are doubts about the so-called "Hong Kong is a shelf company". Before that, there were indeed situations where some products were registered overseas but only sold well in China.
According to an interview with a person in charge of the company involved by Red Star News, it is said that its brand is registered in Hong Kong, but because "the price of workers in Hong Kong is higher, the factory is located in the mainland". It should be noted that it is not uncommon for products of foreign brands to be OEM in the mainland, but there is still a huge difference between the OEM production of existing foreign brands in the mainland and the so-called quality image of mainland products through overseas registration. This is also the reason why legal experts maintain that the title of products in a specific region needs to be based on "product sales and promotion activities".
It is not where a trademark is registered that it naturally becomes a "big brand", not to mention that this set of extremely convenient overseas registration procedures has been repeatedly blessed in the live broadcast scene through the exaggerated expression of live streaming host and the platform of Hong Kong artists. What needs to be found out now is what role do manufacturers and related live streaming host platforms play in this fake Hong Kong capital and fake Hong Kong products marketing farce? The differences between the legal concept of trademarks and the geographical perception of the public need to be further clarified by the market supervision department through case-by-case enforcement.