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Under what circumstances can companies charge franchise fees?

After registering the trademark, the franchise fee can be charged.

The activities of collecting franchise fees to attract investment and join are legally called "franchise activities". It is usually said that franchise qualifications or franchise qualifications are required, which means that franchise registration needs to be carried out with the Ministry of Commerce.

Article 8 of the "Commercial Franchise Management Regulations" stipulates that the franchisor shall file with the competent commerce department within 15 days from the date of first entering into a franchise contract in accordance with the provisions of these regulations. Those who engage in franchising activities within the scope of a province, autonomous region, or municipality directly under the Central Government shall file a record with the competent commerce department of the people's government of the province, autonomous region, or municipality directly under the Central Government; those who engage in franchising activities across provinces, autonomous regions, or municipalities directly under the Central Government shall file a record with the commerce department of the State Council.

For investment promotion and franchising, you also need to meet the conditions of "two stores for one year", which means having two directly operated stores that have been operating continuously for more than one year. Article 7 of the "Commercial Franchise Management Regulations" stipulates that the franchisor engaged in franchise activities must have at least two directly operated stores and the operation time is more than one year.

Article 3 of the "Commercial Franchise Management Regulations" stipulates:

Commercial franchise refers to an enterprise that owns registered trademarks, corporate logos, patents, proprietary technologies and other business resources ( The franchisor) licenses its business resources to other operators in the form of a contract, and the franchisee (franchise) carries out operations under a unified business model in accordance with the contract and pays franchise fees to the franchisor. Units and individuals other than enterprises may not engage in franchise activities as franchisors.

Article 52 of the Trademark Law of the People's Republic of China: If an unregistered trademark is used as a registered trademark, or if the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local authority shall The industrial and commercial administrative department shall stop it, make corrections within a time limit, and may issue a notice. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine may be imposed. , a fine of not more than 10,000 yuan may be imposed.