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Can I open a chain without a Class 35 trademark?

Legal analysis: Unregistered Class 35 trademarks can be used for franchising, but if someone registers a trademark name in Class 35, then others can open this store without authorization, borrow the party's brand, and take advantage of it. , you cannot accept money from others. Because Category 35 involves advertising, marketing, etc., it is a general category. If the party’s services or products need a marketing model such as a chain store, they must register Category 35 to protect their brand from being used fraudulently. . Because the other party is also protected after registration.

Legal basis: "Trademark Law of the People's Republic of China"

Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others , including words, graphics, letters, numbers, three-dimensional logos, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

Article 9 The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.

Trademark registrants have the right to indicate "registered trademark" or registered mark.