China National Intellectual Property Administration: "Xiaoyao Town" and "Tongguan Rou
Recently, China National Intellectual Property Administration answered the reporter about the trademark dispute of "Xiaoyao Town" and "Tongguan Rougamo". The State Intellectual Property Office pointed out that legally, as an ordinary trademark, the registrant of "Xiaoyao Town" could not charge the so-called "membership fee". "Tongguan Rougamo" is a geographical indication registered as a collective trademark, and its registrant has no right to permit merchants outside Tongguan specific areas to use the collective trademark of the geographical indication and collect franchise fees. At the same time, there is no right to prohibit businesses in specific areas of Tongguan from properly using the place names in the collective trademarks of geographical indications.
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