Can I join a franchise without a registered trademark?
No.
"Commercial Franchise Management Regulations"
Article 3
Business franchising (hereinafter referred to as franchising) as mentioned in these regulations refers to enterprises (hereinafter referred to as franchisors) that own registered trademarks, corporate logos, patents, proprietary technologies and other business resources. , in the form of a contract, the operating resources it owns are licensed to other operators (hereinafter referred to as franchisees) for use. The franchisees carry out operations under a unified business model in accordance with the contract and pay franchise fees to the franchisor. Other units and individuals other than enterprises may not engage in franchise activities as franchisors.
Registered trademarkInformation required
1. If applying for registration under a company name, a copy of the business license must be provided , and the official seal must be stamped on the copy of the business license;
2. If applying for registration in an individual name, a copy of the personal ID card and the individual industrial and commercial owner must be provided A copy of the business license. The copy of the business license of individual industrial and commercial households must be stamped with the official seal;
3. Provide trademark text or patterns, and if the color needs to be protected, additional Provide color drawings;
4. Provide the goods/services to be registered, which can be filled in according to the goods operated by the applicant or the services provided;
5. Provide the "Trademark Agency Power of Attorney" stamped with the official seal or signature; especially note that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license.
Registered trademarkTrademark function
Trademark Value A trademark registrant enjoys the exclusive right to use the trademark, and also has the right to license others to use the trademark for remuneration. The length of protection period for trademark rights varies from country to country, but upon expiration After that, the trademark can be renewed for any number of times as long as additional fees are paid. Trademark protection is implemented by courts or administrative agencies. In most systems, courts and administrative agencies that manage trademarks have the power to stop trademarks. In cases of infringement, generally speaking, the court's decision has final effect. Broadly speaking, a trademark is a reward for the trademark registrant, allowing its goods or services to gain recognition and economic benefits. Trademarks also encourage creativity and positive attitudes. Trademarks also encourage creativity and positive attitudes. Protection also prevents unscrupulous competitors such as counterfeiters from using the same or similar marks to promote inferior or different products or services. The trademark system enables skilled and enterprising people to compete under the fairest possible terms. , to produce and sell goods and services, thereby promoting the development of international trade.
Based on the relevant answers to the above content, it can be concluded that for the case where there is no registered trademark It is not allowed to recruit franchisees. Franchisees who violate the law can go to court to sue. The other party will confiscate the illegal gains and impose fines. If you have relevant legal consultation, you can call the online lawyers of the Legal Savior Network for answers.
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