Do I need a trademark registration certificate to join?

If you want to join some companies, you need to sign a contract with the company. After paying the franchise fee, you can use the company's trademark information. So do you need a trademark registration when joining? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled the following content. I hope it will be helpful to you.

Do you need a trademark registration certificate to join?

From the legal perspective, you need to have a trademark , so the application for registered trademark is useless.

"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.

Notes on joining

Trademark registration certificate

The franchise headquarters should produce the trademark registration certificate upon request.

The so-called franchise means that the headquarters authorizes the brand to be used by franchise stores. In other words, the headquarters must first own the brand before it can be authorized to franchise stores.

In other words, the headquarters must first obtain a trademark registration certificate issued by the Trademark Office of the State Administration for Industry and Commerce.

Before joining, franchisees must confirm that the headquarters indeed owns the brand before they can join with confidence.

Payment method

Payment method of royalties: Generally speaking, the headquarters will inform the franchisee There are three types of fees charged, which are franchise fee, Royalty fee and security deposit respectively. The so-called franchise fee refers to the fee charged by the headquarters to help franchisees make overall store opening planning and education and training before opening a store.

The royalties refer to the fees that franchise stores need to pay to use the headquarters’ trademark and enjoy the goodwill. This is an ongoing charge, as long as If the franchise store continues to use the headquarters' trademark, it must pay regularly. Payment terms may be annual, quarterly or monthly.

As for the deposit, it is a fee charged by the headquarters to ensure that the franchisee will actually fulfill the contract and pay the payment on time.

Among them, since the royalties are ongoing charges, some franchise headquarters will require franchisees to pay the full amount of the royalties within the contract period at one time when signing the contract. For example, if the contract period is five years and the royalties are paid annually, some headquarters require franchisees to write five checks for five years of royalties and pay them to the headquarters at one time.

If the franchisee is required by the headquarters to issue a check for all the royalties during the contract period, he must remember to add a little note on the contract. When the franchise store When the store is closed and no longer opened, the headquarters must return the unexpired royalties to protect its own rights and interests.

According to the relevant answers above, it can be concluded that when joining, you need to make sure that the other party has a trademark and then use the trademark information of the trademark, so it is not necessary For trademark registration documents, you can just use the information directly, and both parties can make an agreement. If you have relevant legal inquiries, you can call the online lawyers of Legal Savior Network for answers.