“Chrysanthemum yellow crabs are fat and rich in autumn”, and now is gradually entering the best season for eating crabs. The crabs raised by the crab farmers on the banks of Yangcheng Lake cannot be called "Yangcheng Lake hairy crabs" because these six characters have been registered by the Suzhou Municipal Government. Crab farmers can only take advantage of the sales of Yangcheng Lake hairy crabs by joining or becoming official members of the Suzhou Yangcheng Lake Hairy Crab Industry Association.
If you join the association and become a member, are the crabs sold authentic Yangcheng Lake hairy crabs? The answer is still no. Yangcheng Lake hairy crabs have two trademark licensees at the same time, one is Suzhou Yangcheng Lake Hairy Crab Industry Association, and the other is Bacheng Yangcheng Lake Hairy Crab Industry Association.
There are two authorized dealers for Yangcheng Lake hairy crabs. What’s going on? According to the "Regulations on the Protection of Geographical Indication Products" promulgated by the General Administration of Quality Supervision, Inspection and Quarantine in 2005, the Suzhou Municipal Government applied to register the national geographical indication protected trademark "Yangcheng Lake Hairy Crab". The Suzhou Municipal Government is the only registrant of the Yangcheng Lake hairy crab protection trademark, and only associations and enterprises authorized by it can use this trademark. Suzhou Yangcheng Lake Hairy Crab Industry Association is an association authorized to use this trademark. However, the trademark of the Bacheng Yangcheng Lake Hairy Crab Industry Association applied to the State Administration for Industry and Commerce through the Kunshan Municipal Bureau of Industry and Commerce for the collective trademark "Bacheng Yangcheng Lake Hairy Crab", which is also a geographical protected indication.
The two sponsors are competing against each other, and the most direct conflict is reflected in the competition for members. Since each association has its own registered trademark, many member units have no choice but to join two associations at the same time and become "double-sided members" for the sake of their own interests.
A geographical indication trademark is a sign that indicates that a product originates from a certain region, and that the specific quality, reputation or other characteristics of the product are mainly determined by the natural or human factors of the region. By applying for a geographical indication certification trademark, you can effectively protect high-quality specialty products and promote the development of specialty industries. (Xinpeng Intellectual Property)
"Place name and product name" are the core content of geographical indications and belong to all local producers and operators. What the registrant of a geographical indication obtains is not the exclusive right to a geographical trademark, but the exclusive right to the trademark. This is true for the two naming companies of Yangcheng Lake hairy crabs. Since Yangcheng Lake spans Wu County and Kunshan County, it is divided into "Bacheng Yangcheng Lake" and "Suzhou Yangcheng Lake", so these two geographical trademarks are legal.