Tongguan Town and Tongguan Chinese hamburger are well-known place names and brands. At present, many small and medium-sized businesses are selling breakfast with Chinese hamburger. Therefore, I think that the behavior of the Chinese hamburger association in Tongguan Town, Shaanxi Province is incorrect. The protection of brand property rights by local associations should be reasonable and compliant, rather than charging high joining fees to unsuspecting small and medium-sized businesses at will.
One:? Xiaoyao town? And then what? Tongguan Chinese hamburger? This is a geographical name and a common brand.
At present, many small breakfast stalls have Chinese hamburger. China hamburger is a very common food. This time, it is very incorrect for the Chinese hamburger association in Tongguan Town, Shaanxi Province to charge a high initial fee to small and medium-sized businesses. Because Chinese hamburger was not listed as an exclusive trademark and brand before, many people can sell it. Xiaoyao Town is just an ordinary place name, not a so-called exclusive place name or exclusive brand.
Two: Tongguan Chinese hamburger association has no right to charge the joining fee.
I don't think Tongguan Chinese hamburger association has the right to charge the joining fee for small and medium-sized businesses. Because they didn't say that small and medium-sized businesses will charge the franchise fee when they sell Chinese hamburger in the future, but now it is wrong to charge the franchise fee after Tongguan Chinese hamburger has a certain popularity. Moreover, because Chinese hamburger itself belongs to the ordinary brand, it is not the exclusive brand of Tongguan, because their behavior violates the protection of intellectual property rights.
Third, the protection of trademark property rights in various places should be reasonable and compliant.
Personally, I think that the practice of Tongguan Chinese hamburger association is wrong, but I agree to protect trademark property rights, but I think it is more reasonable to mediate with small and medium-sized businesses while protecting trademark property rights. We should not only protect intellectual property rights according to law, but also prevent intellectual property rights from being abused.