Can I join a franchise if the brand does not have a registered trademark?

Many companies have not prepared trademarks when requesting to join, or the trademark has not been applied for. In this case, you can join, but franchisees must bear the corresponding infringement risks. Below, in order to help everyone better To understand the relevant legal knowledge, the editor of Legal Savior Network has compiled the following content, hoping it will be helpful to you.

Can I join a brand without a registered trademark?

It is not illegal, but it is Not protected by law. Trademark right is a right, an exclusive right. Registering a trademark protects this right. Without registration, it is not easy to protect this right. That is to say, if the product is registered by someone else, other people can no longer use the trademark. The franchise stores developed will not be able to use the brand. For brand development, it is recommended to register a trademark in advance. Because even if you register, you may not be able to register successfully.

Article 3 of the "Commercial Franchise Management Regulations" stipulates: Commercial franchise refers to the possession of Registered trademarks, corporate logos, patents, proprietary technologies and other business resources An enterprise (franchisor) licenses its business resources to other operators in the form of a contract, and the franchisee (franchise) operates under a unified business model in accordance with the contract and pays franchise fees to the franchisor business activities. Other units and individuals other than enterprises may not engage in franchise activities as franchisors.

Registered trademark is the basic factor that constitutes a franchise and the cornerstone of the franchise system! If the franchisor launches a franchise without a registered trademark, it is tantamount to planting a time bomb for itself, because even if the franchise contract has been signed, the franchisee can still request to terminate the contract at any time on the grounds that the franchisor does not have a registered trademark. Refund compensation is not worth the loss.

Trademarks are unique and exclusive. If a trademark is not registered, an enterprise will not have the exclusive right to use the trademark. If a company's products are well managed, other merchants can use them casually. This will affect the basic function of the trademark to indicate the source of the goods, and will also have a negative impact on the quality and reputation of the goods represented by the trademark. Once a trademark is registered, no one else can use the same or similar trademark to promote products of the same category.

Based on the relevant answers to the above content, it can be concluded that it is generally not illegal for a brand to have no registered trademark.The other party can request to join, and investors can also learn about the other party's project from many aspects, but not having a trademark may infringe on the rights of others. After the trademark rights are determined, it usually involves compensation for costs. If you still If you have relevant legal consultation, you can call the online lawyer on the Legal Savior Network for answers.