Can I sign a franchise contract during the trademark registration process?

The bustle of the world is all for profit, and the hustle and bustle of the world is for gain. In the modern social economy and market management philosophy, it is no longer an era when peers are enemies. Instead, in order to gain greater competitiveness, the market has to choose to cooperate with others. If other similar operators join forces to form a franchise, can they sign a franchise contract during the trademark registration process? The editor of Legal Savior Network has compiled relevant content and hopes it will be helpful to you.

Can I sign a franchise contract during the trademark registration process?

The trademark has not been obtained yet Rights belong to an unstable state of ownership. In order to protect your legitimate rights and interests, it is recommended to explain the situation in the contract or entrust a lawyer to review the contract.

Relevant legal knowledge

"Commercial Franchise Management Regulations"

Article 3

This Regulation The so-called commercial franchise (hereinafter referred to as franchise) refers to an enterprise (hereinafter referred to as the franchisor) that owns registered trademarks, corporate logos, patents, proprietary technologies and other business resources, and licenses its business resources to other businesses in the form of a contract. It is used by the franchisee (hereinafter referred to as the franchisee), and the franchisee carries out operations under a unified business model in accordance with the contract and pays franchise fees to the franchisor.

Other units and individuals other than enterprises may not engage in franchise activities as franchisors.

Article 11

When engaging in franchise activities, the franchisor and the franchisee shall Conclude the franchise contract in writing.

The franchise contract should include the following main contents:

(1) Basic information of the franchisor and franchisee;

(2) Content and term of the franchise;

(3) Type, amount and payment method of franchise fees;

(4) Operational guidance, technical support and business The specific content and delivery methods of training and other services;

(5) Quality, standard requirements and guarantee measures of products or services;

(6) Promotion and advertising of products or services;

(7) Protection of consumer rights and interests in franchising and Assumption of liability for compensation;

(8) Change, cancellation and termination of the franchise contract;

">(9) Liability for breach of contract;

(10) Dispute resolution;

(11) Other matters agreed between the franchisor and the franchisee.

Article 12

The franchisor and the franchisee should agree in the franchise contract that the franchisee may unilaterally terminate the contract within a certain period after the conclusion of the franchise contract.

From the above analysis, we can see that the law does not explicitly prohibit signing a franchise contract during the project registration process. However, from a practical perspective, it is not recommended that the parties sign a franchise contract during this process because this often represents risks and is extremely unsafe. For stable development, it is recommended that you contact a lawyer for help in time. The Legal Savior Network also provides online lawyer consultation services, and you are welcome to have legal consultation.