Does brand franchise require trademark registration?
Brand franchise requires trademark registration. Article 3 of the "Commercial Franchise Management Regulations" stipulates: Commercial franchising refers to an enterprise (franchisor) that owns registered trademarks, corporate logos, patents, proprietary technologies and other business resources, and licenses the business resources it owns in the form of a contract. Used by other operators, the franchisee (franchise) 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.
Relevant legal knowledge
"Franchise Regulations"
Article 22 The franchisor shall provide the following information to the franchisee:
p>(1) The name, address, legal representative, registered capital, business scope and basic information on franchise activities of the franchisor;
(2) Basic information on the franchisor’s registered trademark, corporate logo, patents, proprietary technology and business model;
(3) Type, amount and payment method of franchise fees (including whether to collect a deposit and the conditions and methods of return of the deposit);
(4) Provide prices and conditions for products, services, and equipment to the franchisee;
(5) Continue to provide the franchisee with business guidance, technical support, business training, etc. The specific content, provision method and implementation plan of the service;
(6) Specific methods for guiding and supervising the business activities of the franchisee;(7) Franchising Business outlet investment budget;
(8) The number, geographical distribution and operating status assessment of existing franchisees in China;
(9) Summary of financial accounting reports and audit reports audited by an accounting firm in the past two years;
(10) Litigation and arbitration related to franchising in the last five years;
(11) Whether the franchisor and its legal representative have Records of major illegal operations;
(12) Other information specified by the commerce department of the State Council.
Article 23: The information provided by the franchisor to the franchisee shall be true, accurate and complete, and shall not conceal relevant information or provide false information.
If there are any major changes to the information provided by the franchisor to the franchisee, the franchisee shall be notified in a timely manner.
If the franchisor conceals relevant information or provides false information, the franchisee may terminate the franchise contract.
According to the relevant answers above, it can be concluded that brand joining requires a registered trademark. If the trademark has not been registered, or During the registration process, no other person can join, because it does not meet the regulations and does not have this right. If you have relevant legal advice, you can call the online lawyers of the Legal Savior Network for answers.
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