Recently, "Xiaoyao town Hula soup" triggered a storm of trademark rights protection, and "Tongguan rougamo" in Tongguan County, Weinan City, Shaanxi Province fell into a trademark dispute again. According to surging news reports, at present, Tongguan rougamo association has sued many stores nationwide accused of using the trademark, and 210 court announcements have been made in recent months. In an administrative case released by the Beijing court trial information network in January this year, the association also sued the State Intellectual Property Office to determine that the "old Tongguan" trademark registered by a catering company in Xi'an is invalid. The local snack industry Association launched the "trademark rights protection" action, pushing itself to the forefront of public opinion. The biggest controversy is: is the so-called "trademark protection" to protect the quality level, or to set up cards in the name of protection? There is no dispute that traditional cuisine with regional characteristics needs to be protected. Whether it is Xiaoyao town Hula soup or Tongguan rougamo, it has been handed down to the present and has survived for thousands of years, which is the result of the careful protection of generations of craftsmen in the catering industry. However, the traditional food can be well passed down to today. The "soup" and "steamed bread" are good. Some people are willing to eat and the operator's business is booming. Why can't they do it well after killing an industry association on the way and making "soup" and "steamed bread" stores for many years? The development of market economy for more than 40 years has long proved that market regulation mechanism is more effective than control regulation. In terms of local traditional cuisine, consumers have the most say in what tastes more authentic; The taste and quality of food should always be customer satisfaction oriented, that is, market-oriented. If it is not authentic, the customer will run away and the business will be over. This is not to say that the association should not worry about protection at all, but it should also worry in a proper way: the main function of the trade association should be to serve and safeguard the legitimate interests of the whole industry, rather than charging fees or even blocking roads in the name of "protection". The "soup Association" and "steamed bread Association" of the two places accuse snack shops of infringement as the owner of the trademark, and claim for trademark royalties from many shops. It is also doubtful whether they can stand on the law. As a local characteristic food inherited for thousands of years, the regional and national culture condensed in the core values of Xiaoyao town Hula soup and Tongguan rougamo obviously have the characteristics of public intangible property, which is essentially different from the trademark created by social organizations or individuals by naming. Xiaoyao town and Tongguan are place names, which belong to complete public symbols. If the trademark symbol formed by "place name + food name" is owned by an organization or individual, it is obviously unreasonable. There are precedents on how to deal with the ownership of such trademark symbols, such as "Harbin Red Sausage". In that year, when Harbin Red Sausage Food Industry Association operated the trademark registration of "Harbin Red Sausage", it communicated with the then State Administration for Industry and commerce, and then decided to apply for a collective trademark, clearly stating that the use of the trademark would not be for profit. The original intention of this non-profit trademark with public attribute is to expand local specialties. In contrast to the trademark rights protection of "soup" and "steamed bread", after the Association initiated a lawsuit, many shops that have been inherited for many years or even generations have to change their brand names to avoid the problem of "infringement". As a food name that has been established by the people for thousands of years and has long been widely recognized in the society, the recognition significance of Xiaoyao town Hula soup and Tongguan rougamo is far greater than that of product trademark; Moreover, it is unreasonable for the association to register it as a trademark and then "challenge" the operator and charge the trademark use fee from the operator who used it first, which is contrary to moral logic and social order and good customs. Finally, the "rights protection" lawsuit of "Xiaoyao town Hula soup" operated by the association was stopped by Xihua county government. At present, Tongguan county government is also involved in the trademark dispute of "Tongguan rougamo". The enlightening significance of this matter is that trade associations should straighten out their positioning and strive to provide good services. Don't "attribute the problem of" belonging to the market "to the association, let alone turn the association into a" profit-making organization "and do things that infringe on the legitimate rights and interests of ordinary operators participating in market competition. (outlook new era)
Edit：Yuanqi Tang Responsible editor：Xiao Yu
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