Can I open a store under someone else’s brand without joining the franchise?

Summer is here, and netizen Ms. Xiao plans to open a milk tea shop. She originally planned to join a brand, but after asking about it, she felt that the franchise fee was too high. Create a brand of your own and have little visibility. Ms. Xiao wants to know if she can open a store under someone else’s brand without joining the franchise? The editor of Legal Savior Network is here to answer this question for you.

1. Can I open a store under someone else’s brand without joining the franchise?

If the other party If you register a Trademark, it is an infringement. If the other party sues, you will of course be punished.

If the other party is a well-known brand, it must be a registered trademark, so do not use it directly.

2. Why trademark registration is necessary

The use of unregistered trademarks is not protected by law. If others register it, it may cause infringement. The use of unregistered trademarks also involves the following risks:

1. Trademarks are not protected by law and cannot effectively use modern publicity methods to compete.

2. The fatal weakness of a trademark used by an enterprise without registration is that the trademark user does not have exclusive rights to the trademark.

3. Once someone else registers the trademark first, the first user of the trademark can no longer use the trademark.

4. Unregistered trademarks cannot form intellectual property rights protected by law, so the unregistered trademarks are not intangible assets of the enterprise.

5. You cannot apply for famous trademarks or famous brands and other related corporate honors.

6. The bigger and more powerful a company without a registered trademark is, the more likely it is to be maliciously imitated or registered by other companies, causing losses to itself.

7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks.

Article 15 of the "Trademark Law of the People's Republic of China" Without authorization, an agent or representative shall register the trademark of the principal or represented person in his own name. The principal or represented person shall If an objection is raised, registration will not be granted and use is prohibited. The trademark applied for registration for the same kind of goods or similar goods is identical or similar to an unregistered trademark previously used by another person, and the applicant has contracts or business dealings with the other person other than those specified in the preceding paragraph. If you know the existence of another person’s trademark due to a relationship or other relationship and the other person raises an objection, it will not be registered.

So if you open a store using someone else’s brand without completing the franchise procedures, it is Illegal behavior infringes on the trademark rights of others. Once the other party sues, they will be punished. Therefore, when opening a store, you must either join through formal channels or create your own brand. If you need legal help, you can go to the Legal Savior Network for legal consultation.