As a common trademark, the registrant of Xiaoyao Town cannot charge the so-called "membership fee" accordingly. "Tongguan Chinese hamburger" is a geographical indication registered as a collective trademark, and its registrant has no right to license the collective trademark of the geographical indication to merchants outside the specific area of Tongguan and collect the joining fee. At the same time, there is no right to prohibit businesses in specific areas of Tongguan from properly using geographical names in collective trademarks of geographical indications.

As a common trademark, "Xiaoyao Town" should be used normally. If it has not been used for 3 years, the trademark may be revoked. Moreover, ordinary trademarks, unlike collective trademarks or certification trademarks of geographical indications, can be used collectively by other businesses. Ordinary trademarks can only be used by registrants or authorized others, but other catering merchants cannot be required to join the association and pay membership fees before using the trademark. "As an industry association, what we should consider is how to standardize the development of this industry, let more operators use this trademark, and let consumers enjoy the delicious Hu spicy soup, instead of charging according to the trademark. Moreover, the reputation of Xiaoyao Town Hu Spicy Soup is started by countless catering operators, and it is obviously inappropriate for industry associations to charge for registered trademarks. "

As for "Tongguan Roujiamo" as a collective trademark, Article 4 of the Regulations for the Implementation of the Trademark Law stipulates that organizations that have applied for geographical indication trademarks should be prevented from forcing merchants to join. As long as the goods meet the conditions for using geographical indications, they can use geographical indication trademarks, and organizations holding the trademarks have no right to prohibit them. Therefore, Tongguan Chinese hamburger association has no right to require catering businesses to join the association and pay membership fees before using Tongguan Chinese hamburger as a trademark.