Can I recruit a franchise if I don’t have the trademark registration certificate?
Can’t I open a franchise? This store does not comply with the law.
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.
The general value of the right to use a trademark and the value of the trademark itself
The right to use any newly registered trademark is valuable. Because, to use a trademark exclusively on a product or service, you must go through the registration process, which requires payment of funds. That is to say, a certain price must be paid first to obtain such a right, and this price reflects the value of this right. This value is called the general value of the trademark use right.
The added value of trademark use rights
Trademark use rights The added value refers to the part of the value that exceeds the general value related to the product or service identified by the trademark.
The added value of the use value of a trademark does not exist once it is registered. It changes with the quality of the product or service identified by the trademark during the use of the trademark. Improved and gradually produced.
The formation process of the added value of the right to use a trademark is: ordinary product or service functional trademark, style trademark - potential trademark.
The process of generating the added value of trademark use rights is divided into four stages:
(1) Identifying ordinary products and services The right to use the trademark has no added value. At this stage, the trademark right may only have general value.
(2) The buyer can purchase the same product or service on Functional differences between different brands are observed in the market. Buyers will choose products based on this difference. At this time, the right to use the trademark begins to show added value. This added value is related to these "functions" of the product or service. ” related.
(3) There are differences in style between the products identified by various trademarks, which satisfies more of the buyers' needs. At this time, the added value of the trademark use right will also increase, and the added value shown is not only functional, but also spiritual.
(4) After reaching the level of style, if producers and operators continue to create, their trademarks will always remain attractive and the style of this trademark will continue, so that buyers will gradually become more interested in this trademark. If a trademark forms permanent loyalty and trust, the added value of the trademark will be further increased. This type of trademark is called a potential trademark. The added value of the trademark at this time indicates the consistent level of products and services, and can also be given to the goods. The new products under the name have the same characteristics.
Based on the relevant answers to the above content, we can conclude that we cannot recruit franchisees before the trademark certificate has been issued, because If this does not meet the franchise management regulations, the other party cannot be the object of the franchise. If the franchise regulations are violated, you will generally be warned by the commercial department, and the illegal gains will be confiscated and certain penalties may be imposed. In serious cases, it may be possible It will be revoked directly. If you still have relevant legal consultation, you can call the online lawyer on the Legal Savior Network for answers.
