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Law

"Xiaoyao town" and "Tongguan roujiamo" have no right to charge franchise fees!

2021-11-26   

In the early morning of November 26, the State Intellectual Property Office answered reporters' questions on the trademark dispute of "Xiaoyao town" and "Tongguan roujiamo". The State Intellectual Property Office pointed out that legally, "Xiaoyao town" is an ordinary trademark, and its registrant cannot charge the so-called "membership fee" accordingly. "Tongguan roujiamo" is a geographical indication registered as a collective trademark, and its registrant has no right to license the collective trademark of the geographical indication to merchants outside the specific area of Tongguan and charge franchise fees. At the same time, it has no right to prohibit businesses in a specific area of Tongguan from properly using the place names in the collective trademark of the geographical indication. The snack bar signboard used "Tongguan rougamo" as the defendant If you want to use it, you have to pay 99800 yuan Recently, "Tongguan rougamo" triggered a trademark dispute. In Luoyang, Henan Province, merchants of dozens of snack bars said that they were sued by Shaanxi Tongguan rougamo Association just because they brought the word "Tongguan" in front of rougamo on their signboard. At present, the association has sued many stores using this trademark in China. According to the reporter, dozens of merchants in Luoyang alone received a summons on the alleged infringement of the use of "Tongguan roujiamo", asking for compensation ranging from 30000 to 50000 yuan, and were told that if they still want to continue to use the trademark, they need to pay 99800 yuan. Facing the sudden summons, the merchant said that he had no time and energy to deal with the next lawsuit, so he chose reconciliation more. The Shaanxi Tongguan rougamo Association said that safeguarding rights is to hope that stores will join the association and need to pay an annual membership fee of 2400 yuan. Henan Xihua: Xiaoyao town Hula soup Association "Trademark rights protection" was stopped In fact, it is not just Tongguan roujiamo that has a trademark dispute. Recently, a number of hu la Tang merchants in Xiaoyao Town, Jiaozuo City, Henan Province have successively received court summonses and were told that the words "Xiaoyao town" used by them are suspected of infringement. Once the matter was exposed, it attracted the attention of netizens. On November 21, the hula soup industry development center of Xihua county issued a statement, saying that it had ordered the suspension of trademark rights protection and organized relevant personnel to carry out investigation. (outlook new era)

Edit:Luo yu Responsible editor:Wang xiao jing

Source:xinhuaNet

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