As a common trademark, the registrant of "Xiaoyao Town" cannot collect so-called "membership fees" based on this. "Tongguan Roujiamo" is a geographical indication registered as a collective trademark. Its registrant has no right to license the use of the geographical indication collective trademark to merchants outside the specific area of ??Tongguan and charge franchise fees. At the same time, it has no right to prohibit merchants in the specific area of ??Tongguan from legitimately using the place names in the geographical indication collective trademark.

As an ordinary trademark, "Xiaoyao Town" must be used normally. If it is not used for 3 years, the trademark can be revoked. Moreover, unlike collective trademarks or certification marks of geographical indications, ordinary trademarks can be used collectively by other merchants. Ordinary trademarks can only be used by the registrant or authorize others to use them, but other catering merchants cannot be required to join the association and pay membership fees before they can use the trademark. . "As an industry association, what we should consider is how to regulate the development of this industry, let more operators use this trademark, and let consumers enjoy the delicious taste of Hu spicy soup instead of charging for the trademark. Moreover, Xiaoyao Town's Hu spicy soup is famous It was started by countless catering operators. It is obviously inappropriate for the industry association to charge for registered trademarks."

As for the "Tongguan Roujiamo" as a collective trademark, the "Trademark Law Implementation Regulations" 》The fourth provision is to prevent organizations that have applied for geographical indication trademarks from forcing merchants to join. As long as the goods meet the conditions for using the geographical indication, the geographical indication trademark can be used, and the organization holding the trademark has no right to prohibit it. Therefore, the Tongguan Roujiamo Association also has no right to require catering merchants to join the association and pay membership fees in order to use "Tongguan Roujiamo" as a trademark.