Tong Qing Hao (同庆号) was one of the century-old brands in the history of Puerh, alongside others such as Tong Xing Hao (同兴号), Qing Feng Hao (庆丰号), Song Pin Hao (宋聘号), and Fu Yuan Chang Hao (福元昌号), etc. Every Puerh enthusiast must have heard of it, but how much do you know about its history and current state?
The Birth
It was founded by Liu Hancheng in 1736 in Yiwu, Yunnan. Tong Qing Hao implemented a meticulous process known as “6 Xuan 6 Qi” for the production of Puerh, which refers to “six selection criteria and six discarding criteria.” It is believed that this could be the earliest production standard for Puerh in history, and for this reason, Tong Qing Hao achieved an excellent reputation.
The Rise and Fall
From the reign of Tongzhi in the Qing Dynasty (mid-19th century) to the beginning of the era of Republic of China (early 20th century), this was a prosperous period for Tong Qing Hao. Especially starting in 1915, it became the tea firm with the greatest magnitude and strength in Yunnan.
When the government of Qing Dynasty established the trademark registration system in 1904, Tong Qing Hao registered its trademark featuring the red image of the “Dragon and Horse” (see image below left), which it had used for over a century. In 1920, to differentiate itself from the numerous counterfeits in the market, it was modified to the new image of the “Two Lions” (see image below right). Both became prestigious trademarks, recognized even today by Puerh enthusiasts. On April 24, 2021, a precious Tong (7 cakes) of the “Double Lions” brand from the 1920s was sold for HK$7.9 million at an auction in Hong Kong, and with commissions included, it changed hands for HK$9.48 million.
However, during the Second Sino-Japanese War, which began in 1937, Tong Qing Hao’s sales plummeted, forcing the company to close permanently in 1948, after having existed for more than two centuries.
The Heritage
With the arrival of the People’s Republic of China, Tong Qing Hao, the ancient company, was nationalized. Currently, the descendants of Tong Qing Hao continue to live in Mengla, Yunnan, and still preserve some of the family’s secret tea recipes, but they only make very little tea sporadically. So, who currently owns the century-old brand?
After the era of the planned economy, the name Tong Qing Hao was used by several companies and individuals to produce or sell tea, whether legally or illegally. One case involves a company from Fujian that registered "Tong Qing" brand and used it to sell Oolong tea since 2004. It wasn’t until 2006, following the mediation of the provincial governments of Fujian and Yunnan, that an agreement was reached to transfer the brand to Xishuangbanna Tong Qing Hao Tea Company for use in the production and sale of Puerh, with all the procedures completed one year later in 2007.
However, the most significant case is that of the mutual lawsuits between Xishuangbanna Tong Qing Hao and Yiwu Tong Qing Hao (details of the lawsuits in the annex). The litigation lasted several rounds from 2016 to 2019, leaving a considerable impact on the history of intellectual property in China. The Beijing Intellectual Property Court considers that the key aspect in trademark infringement cases is whether confusion is generated among consumers. Given that the trademark “Tong Qing Hao,” along with the image of the “Dragon and Horse,” was registered by the historical company Tong Qing Hao during the Qing Dynasty, and although both parties involved in the litigation have registered trademarks containing the name “Tong Qing” or “Tong Qing Hao,” neither is the legitimate heir to the historical rights of the ancient company. Since there is no deliberate intention to imitate or take advantage of the reputation of the other party, and due to the clear differences between the trademarks that prevent consumer confusion, it cannot be considered an infringement. In summary, both parties have the right to legally use their respective registered trademarks, allowing the coexistence of the two “Tong Qing Hao” companies to this day.
Some argue that companies can compete healthily by registering trademarks related to historical brands, as long as they include distinctive elements of their own; and that this approach positively contributes to the preservation, revitalization, and expansion of traditional and historical brands. And what do you think?
Annex
The Lawsuits Between the Two Contemporary Tong Qing Hao Companies
Yiwu Tong Qing Hao Company (hereinafter referred to as “Yiwu Company”), founded by Gao Lili in 2006 in Mengla District, Xishuangbanna Autonomous Prefecture, is engaged in the production and sale of Puerh tea. In May 2004, it applied to register the trademark “Yiwu Tong Qing Hao” and subsequently other related trademarks.
Xishuangbanna Tong Qing Hao Company (hereinafter referred to as “Xishuangbanna Company”), founded by Deng Yaran in June 2005 in Jinghong City, Xishuangbanna Autonomous Prefecture, operates in the cultivation, production, and sale of tea. It holds exclusive rights to the trademarks of “Tong Qing” and its image, among others.
In Yunnan, the Xishuangbanna company sued the Yiwu company, claiming that the use of “Tong Qing Hao” in the company name constituted a registered trademark infringement and commercial competition unfairness. The Intermediate Court of the Xishuangbanna Autonomous Prefecture issued a first-instance judgment, determining that the accused had committed trademark infringement and unfair competition, and ordered Yiwu company to compensate the Xishuangbanna company with ¥500,000. Dissatisfied with the outcome, the Xishuangbanna company appealed to the Superior Court of Yunnan Province, which upheld the initial ruling. However, the Xishuangbanna company requested a new review from the Supreme Court. The Supreme Court concluded that Xishuangbanna company had contributed to the recovery, preservation, and transmission of the historic “Tong Qing Hao” brand and ordered the Yunnan Superior Court to conduct a retrial. In this retrial, the Yunnan Superior Court ruled in favor of Xishuangbanna.
In Beijing, the Yiwu company filed a lawsuit against the Xishuangbanna company and its Beijing subsidiary, claiming infringement of its exclusive trademark rights. The Yiwu company requested that the Beijing Dongcheng District Court order both defendants to immediately cease the infringement and jointly compensate it for economic losses and reasonable expenses totaling ¥20 million. The Dongcheng District Court issued a first-instance ruling, ordering both defendants to stop the infringement immediately, and for the Xishuangbanna company and its subsidiary to compensate the plaintiff with ¥500,000 and ¥150,000 respectively. Both parties appealed this decision to the Beijing Intellectual Property Court. Upon review, the Intellectual Property Court concluded that the Xishuangbanna company had no deliberate intent to imitate the Yiwu company’s registered trademarks and that the use of “Tong Qing Hao Puerh Tea” did not infringe upon the exclusive trademark rights of “Yiwu Tong Qing Hao.” As a result, the Intellectual Property Court overturned the first-instance ruling, citing errors in both the determination of facts and the application of law.
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