The latest news, Tongguan Chinese hamburger association has publicly apologized.
Judging from the content of this apology statement, the association was forced to issue this statement under the strong pressure of relevant departments, so the content is full of all kinds of tricky words.
Although the Tongguan Roujiamo Association temporarily withdrew the pending case, the judge of the Intellectual Property Court warned the shops that the plaintiff did not rule out the possibility of suing again and suggested that the shops should rectify in time.
To put it bluntly, the statement of the Intellectual Property Office and the judge's suggestion to the shop revealed two pieces of information.
First, the trademark "Tongguan Chinese hamburger" really belongs to the association and was registered through legal procedures;
Second, although it is illegal to collect the "joining fee", it does not mean to sue the shop for infringement, and some cases that have been concluded now show that their claims have been supported by the court.
To put it bluntly, the trademark of Tongguan Chinese hamburger is registered by Tongguan Chinese hamburger association, which is only used by members of the association. Using the trademark "Tongguan Chinese hamburger" shows that you are a member of the association. On the other hand, if you don't join this association, then your use of this trademark is infringement.
The use of "Tongguan Chinese hamburger" by non-members of the association infringes not the rights and interests of the trademark itself, but the group rights and interests of Tongguan Chinese hamburger association. It is no different from being a non-member of the association, pretending to be a member of the association to do business. This is also the difference between collective trademarks and ordinary trademarks. Ordinary trademarks can be authorized by charging, such as the "joining fee" mentioned above, which is the right of ordinary trademarks. Many franchise stores of braised dishes, cold drinks and milk tea in China are within the scope of ordinary trademarks.
Collective trademarks can only be used in the form of members, that is to say, if you want to use this collective trademark legally, you must be a member of the association, accept the management and supervision of the association, and fulfill the obligations of members. Collective trademarks cannot authorize businesses outside specific geographical indications, that is to say, if you are not within the scope of six towns in Tongguan, even if you are willing to pay a sky-high joining fee, you have no right to use the trademark "Tongguan Chinese hamburger".
For merchants in six towns of Tongguan, the association shall not prohibit merchants from using geographical indications reasonably. The so-called rational use is the organic combination of "Tongguan" and "Chinese hamburger" As long as the "Tongguan Chinese hamburger" is not directly used, it is not infringement. The suggestion given by the legal person is that "Tongguan special Chinese hamburger", "Tongguan Liuji Chinese hamburger" and "Tongguan sheep Chinese hamburger" are all acceptable. As long as these two words are separated, the rights and interests of collective trademarks will not be infringed.
Of course, although the Intellectual Property Office and relevant legal departments have clearly stated this, the China Chinese Bun Association has also temporarily approved it. However, this kind of so-called "rights protection" behavior by using regional public welfare brands and geographical indication trademarks should still be curbed. If this kind of lawsuit is left unchecked, it will be a fatal blow to small vendors at the grass-roots level and a great disadvantage to the daily business of ordinary people.