Chinanews.com, Beijing, November 26. On the 26th, the State Intellectual Property Office answered reporters' questions about the trademark dispute of "Xiaoyao Town" and "Tongguan Roujiamo".
The State Intellectual Property Office pointed out that, legally, "Xiaoyao Town" is a common trademark, and its registrant cannot collect so-called "membership fees" on this basis.
"Tongguan Roujiamo" is a geographical indication registered as a collective trademark, and its registrant has no right to license the use of this geographical indication collective trademark to merchants outside the specific area of Tongguan and charge a franchise fee.
At the same time, it also has no right to prohibit businesses in a specific area of Tongguan from properly using the geographical names in the collective geographical indication trademark.
The picture shows a "Tongguan Roujiamo" snack bar on the streets of Xi'an.
Photo by Gao Cheng
A reporter asked:
What is the status of the trademark registration of "Xiaoyao Town" and "Tongguan Roujiamo"?
How to treat the trademark disputes of "Xiaoyao Town" and "Tongguan Roujiamo"?
answer:
After investigation, as of now, the Xiaoyao Town Hulatang Association has effectively registered 3 trademarks of "Xiaoyao Town", which are the No. 3436143 "Xiaoyao Town" registered by the Trademark Office of the State Administration for Industry and Commerce on June 21, 2004, and February 2008. No. 3436141 "Xiaoyao Town" registered on the 28th, and No. 4664367 "Xiaoyao Town and Pictures" registered on April 7, 2009, approved for use in the 29th category "Hu spicy soup" products or the 43rd category "catering services" The above are common trademarks.
Among them, the "Xiaoyao Town" trademarks No. 3436141 and No. 3436143 were registered by individuals at first, and the Hulaotang Association of Xiaoyao Town later obtained the exclusive right to use the trademark through a trademark transfer.
"Tongguan Roujiamo" is a geographical indication registered as a collective trademark, and its registration is based on the "Trademark Law", "Regulations on the Implementation of the Trademark Law" and "Registration and Management Measures for Collective Trademarks and Certification Trademarks."
After investigation, the former Trademark Office of the State Administration for Industry and Commerce approved the registration of No. 14369120 "Tongguan Roujiamo" graphic and word mark on December 14, 2015, and approved it for use on the 30th category of "roujiamo" goods.
The original trademark registrant was the Lao Tongguan Snacks Association, and on January 27, 2021, it was announced that the name of the trademark registrant was changed to the Tongguan Roujiamo Association.
Legally, "Xiaoyao Town" is a common trademark, and its registrant cannot collect so-called "membership fees" on this basis.
"Tongguan Roujiamo" is a geographical indication registered as a collective trademark, and its registrant has no right to license the use of this geographical indication collective trademark to merchants outside the specific area of Tongguan and charge a franchise fee.
At the same time, it also has no right to prohibit businesses in a specific area of Tongguan from properly using the geographical names in the collective geographical indication trademark.
At present, the State Intellectual Property Office has instructed relevant local departments to understand the progress of the incident in depth, strengthen administrative guidance on the protection and use of trademarks by all parties, and actively carry out relevant work to handle trademark disputes in accordance with laws and regulations. It is necessary to protect intellectual property rights and to It is necessary to prevent the abuse of intellectual property rights and properly handle the relationship of interests among trademark owners, market entities and the public.
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