China News Service, Xi'an, November 24 (Reporter Zhang Yichen, Dang Tianye) Following the trademark disturbance of "Xiaoyao Town Hu La Tang", "Tongguan Roujiamo" in Tongguan County, Shaanxi Province has another trademark dispute.
On the 24th, a staff member of the Tongguan County government in Shaanxi Province told a reporter from Chinanews.com that the local government has intervened to investigate the matter.
Earlier, according to media reports, on November 21st, merchants in dozens of snack bars in Henan stated that the Roujiamo they were selling was sued by the Shaanxi Tongguan Roujiamo Association for carrying the word "Tongguan" and demanded compensation 3 It ranges from 50,000 yuan, and if they want to continue to use the "Tongguan Roujiamo" trademark, they need to pay 99,800 yuan.
Merchants said that there are hundreds of snack bars across the country that have similar experiences with them.
According to reports, the old Tongguan Roujiamo originated in the early Tang Dynasty.
Legend has it that when Li Shimin passed through Tongguan, he was full of praise after tasting the Tongguan Rou Jiamo.
Nowadays, Lao Tongguan Rou Jia Mo is one of the "business cards" of Shaanxi cuisine and is very popular among diners from all over the world.
The picture shows a "Tongguan Roujiamo" snack bar on the streets of Xi'an.
Photo by Gao Cheng
On the 24th, the reporter visited a number of snack bars in Xi'an with the name "Tongguan Roujiamo".
The owner Liu Pingli said that she has not received compensation from the Tongguan Roujiamo Association, but she does not understand the association's behavior of paying 99,800 yuan to use the "Tongguan Roujiamo" trademark.
Sheng Dongli, another owner of the "Old Tongguan Roujiamo" chain store, said that he has been concerned about the matter. Although he has not contacted the Tongguan Roujiamo Association, if the other party requests compensation, he will contact the franchisee and pass it. Legal means to resolve this matter.
Some netizens ridiculed: "After watching the rights protection of the'Hu spicy soup' and the'roujiamo', Lanzhou ramen and Shaxian snacks began to tremble."
According to public information from the Trademark Office of the State Intellectual Property Office, the Tongguan Roujiamo Association applied for the registration of the "Tongguan Roujiamo" trademark in April 2014, and its exclusive right period is from December 14, 2015 to December 13, 2025. The type of trademark is a collective trademark.
According to Tianyan Check information, the registration date of the Tongguan Roujiamo Association was June 6, 2016, with a registered capital of 50,000 yuan. The legal representative is Wang Huafeng, the registration management authority is the Tongguan County Civil Affairs Bureau, and its business unit is the commercial industry of Tongguan County. Management office.
The association is a social organization whose purpose is the training, promotion and publicity of Tongguan Roujiamo.
The reporter subsequently called Wang Huafeng, the president of the association many times, but as of press time, there was still no response.
Zhang Huizi, a lawyer from Beijing Jincheng Tongda (Xi'an) Law Firm, told a reporter from Chinanews.com that "Tongguan Roujiamo" geographical indication collective trademark is designated to be used in Category 30 of the "Similar Goods and Services Classification Table", and the designated product is "Meat". Jiamo".
The restaurant of the accused infringing party belongs to category 43 of the "Similar Goods and Services Classification Table".
According to Article 59 of the "Trademark Law": "The general name of the product or the place name contained in the registered trademark, the registered trademark owner has no right to prohibit others from using it properly." Therefore, "roujiamo" is commonly used in the food industry. The name, "Tongguan" is a place name, and the trademark owner has no right to prohibit others from using it properly.
In an interview with a reporter from Chinanews.com, a staff member of the Tongguan county government stated that after the incident, the county had held a meeting to request the "Tongguan Roujiamo Association", including the association’s management department, to come up with a response plan as soon as possible. Details of the current incident Still investigating.
The China Culinary Association listed Tongguan County on the list of landmark cities for Roujiamo cuisine on November 18.
At the same time, the Weinan Municipal Bureau of Commerce also stated that it will cooperate with the city’s culinary association to conduct a more in-depth research on the Tongguan Roujiamo industry, and promote the Roujiamo gourmet landmark city brand to the world.
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