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 strong pressure from relevant departments, so the content was full of all kinds of tricky words.
Although the Tongguan Roujiamo Association has temporarily withdrawn the case that has not yet been tried, the judge of the Intellectual Property Court warned all shops that the plaintiff could not rule out the possibility of suing again, so it is suggested that all shops make rectification in time.
To put it bluntly, the statement of the Intellectual Property Office and the judge's advice to the shops revealed two pieces of information.
First, the trademark "Tongguan Chinese hamburger" really belongs to the association, and it was registered through legal procedures;
Second, although it is illegal to collect the "joining fee", it does not mean that it is illegal to sue the shop for infringement, and some cases that have been concluded now show that its litigation request is supported by the court.
To put it bluntly, the trademark of Tongguan Chinese hamburger is registered by Tongguan Chinese hamburger association, and it is only used by members of the association. Using the trademark "Tongguan Chinese hamburger" means 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 tantamount to 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 rights and interests of ordinary trademarks. Many domestic franchise stores for braised dishes, cold drinks and milk tea are all 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 membership. Collective trademarks cannot authorize merchants 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 fair use is an organic combination of "Tongguan" and "Chinese hamburger". As long as "Tongguan Chinese hamburger" is not directly used, it is not an infringement. The advice 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 explained this, the Chinese Meat Sandwich Association has also temporarily recognized it. However, this kind of so-called "rights protection" behavior by using regional public welfare brands and trademarks with geographical indications should still be curbed. If this kind of lawsuit is left unchecked, it will be tantamount to a fatal blow to small vendors at the grass-roots level, which is greatly detrimental to the daily business of ordinary people.