Can a hot pot not made in Chongqing also be called Chongqing hot pot? The dispute between Chongqing Hotpot Association and foreign "Chongqing Hotpot" has aroused such doubts and become an important opportunity to popularize legal issues related to trademarks.
Smaller place names, such as Chongqing Xiaolongkan and Chaotianmen, actually do not fall within the scope of Article 10 of the Trademark Law, "The place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks".
Perhaps in the view of Chongqing Hotpot Association, Article 16 of the Trademark Law clearly stipulates that "a trademark contains a geographical indication of a commodity, and the commodity does not originate from the area marked by the indication, which misleads the public, it shall not be registered and prohibited from being used". The geographical indication attribute of Chongqing hot pot is clear enough. "Fake" hot pot is easily mistaken by the public and should be listed as "unregistered and prohibited".
The motivation can also be understood: Chongqing hot pot is famous all over the world, and the foreign hot pot is a local brand. When you get bigger, grab your own business; If the craft is not good, it will also bring trouble to the local signs.
But Chongqing hot pot is not Chongqing hot pot, which are two completely different concepts. The name of Chongqing hot pot does have geographical factors, but it is still debatable to regard it as a "geographical symbol".
According to the Regulations on the Protection of Geographical Indications Products issued by the General Administration of Quality Supervision, Inspection and Quarantine, the so-called geographical indication products refer to "products whose quality, reputation or other characteristics essentially depend on natural and human factors of origin" and "products named after geographical names after examination and approval". This includes "products planted and farmed in this region" and "products whose raw materials are all from this region or partly from other regions and are produced and processed in this region according to specific processes".
"Place name protection" mainly protects agricultural products or related processed products with clear origin, such as Wushan crisp plum and Yangshan peach. Although Chongqing hot pot was born and formed in Chongqing, it is popular all over the country in the form of special catering. This is also the reason why "Chongqing Hotpot" and "Chengdu Snack" didn't get the "geographical indication" before.
However, if we expand the legislation that tends to "local protection" and punish or restrict it at will, it will do more harm than good to the promotion of special food, the operation of the market and the maintenance of consumers' interests.
It seems to be just a problem of catering brands, but it actually involves the market and the rule of law. At present, the definition of "geographical indication" in the trademark law of the country is releasing the signal of unbinding. In 2007, Lanzhou Commercial Federation applied for registration of "Lanzhou Beef Lamian Noodles Lanzhou? Niu rou? The trademark "Lamian Noodles and Tu" was approved for registration on 20 10, but it was ruled invalid by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce on 20 17 165438 10 on October 30. The ruling reflects the attitude of protecting the market according to law.
Under the market economy, there is no need to set up too many unnecessary barriers; Law should also be a sharp weapon to improve and protect the market, not a tool to build barriers. Like Chongqing hot pot and Chengdu snacks, the producers are diverse, and the quality of products varies widely, so it is difficult to protect them under the same trademark.
Therefore, it is better to be more "tolerant" to Chongqing hot pot restaurants that are everywhere.