Legal analysis: Franchise must have a trademark, there is no trademark right, and there is no transfer of rights. To put it simply, a trademark is a brand of goods. It is a mark used by producers and operators of goods to distinguish their goods from other goods. If a trademark is not registered, no one can enjoy the ownership of the trademark. It can be used, but after registration, it will be exclusive.

Legal basis: "Commercial Franchise Management Regulations" Article 3 The term "commercial franchising" as mentioned in these Regulations refers to enterprises that possess registered trademarks, corporate logos, patents, proprietary technologies and other business resources. In the form of licensing its business resources to other operators, the franchisee will carry out operations under a unified business model in accordance with the contract and pay franchise fees to the franchisor. Other units and individuals other than enterprises may not engage in franchise activities as franchisors.