Current location - Trademark Inquiry Complete Network - Trademark inquiry - Can I use the name of someone else's franchise store I'm not joining.
Can I use the name of someone else's franchise store I'm not joining.
if you don't join, you can't use the name of someone else's franchise store.

1. If you don't join, it is an infringement to use the name of someone else's franchise store;

2. The so-called joining means that the enterprise organization authorizes the service badge to the joining owner, so that the joining owner can use the image, brand and reputation of the joining headquarters to attract consumers to spend in the commercial consumption market. Moreover, before starting a business, the franchisee will teach his own know-how, technology, etc. to the franchisee and assist in starting a business and management. Both parties must sign a franchise contract to achieve the cooperation goal of * * *. However, the joining headquarters can collect the joining fee, deposit and royalty from the joining owners due to different joining nature.

3. In China, the legal provisions on infringement of the exclusive right to use a registered trademark focus on Article 52 of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law), Article 5 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the Regulations for the Implementation of the Trademark Law) and Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes.

the above-mentioned trademark infringement can be divided into two types: one is direct trademark infringement, that is, it directly infringes on the function of a trademark as a source symbol.

4. The act of using the same or similar trademark on the same or similar goods without the permission of the trademark registrant as stipulated in Article 52 of the Trademark Law;

5. Article 5 of the Regulations for the Implementation of the Trademark Law stipulates "the act of misleading the public by using a mark identical or similar to another person's registered trademark as the name of the commodity without permission". The other is indirect trademark infringement, that is, the extension and continuation of direct trademark infringement.

6. The acts of "selling goods that infringe on the exclusive right to use a registered trademark" and "forging, making a registered trademark logo of another person without authorization or selling a forged or made registered trademark logo without authorization" as stipulated in Article 52 of the Trademark Law.