The couple took a fancy to this online celebrity restaurant chain brand. They want to do business according to the franchise agent, but they are involved in a dispute. The couple found that the licensor was authorized even if the trademark was not registered. In addition, other small shops in this area also use the same billboards, which cost nothing. Recently, the Siming District Court heard the case and made a first-instance judgment.

Mr. Lin said that they saw the basic information of "Instant Noodles Sashido" published by Xiamen Haina Quanwei Catering Management Co., Ltd. (commonly known as "Haina Company") online. In June 218, he and Mrs. Lin signed several contracts with Haina Company, and paid the joining fee and deposit of more than 19, yuan. After signing the contract, Mr. Lin asked Haina Company to produce the raw materials of the registered trademark of "Instant Noodles Sashido", but the other party has been unable to produce them. After the store opened, Mr. Lin found several "instant noodle Sashido" in the same city, and others used billboards in this area without spending a penny. But he paid to join the agency, but because the authorized party has the patent right, he can't protect consumers' rights and his business is also affected.

Mr. Lin thinks that Haina Company can't provide guarantee for franchisees, but it can require him to send the original franchise contract on the grounds of replacing the contract, resulting in that when he wants consumers to protect their rights, he doesn't even have a contract certificate. Mr. Lin and Mrs. Lin filed lawsuits respectively, suing Haina Company and the person in charge of the company to the court, stipulating that the contract should be terminated and the joining fee and deposit should be refunded.

In court, Heiner Company denied the name of "joining agent". Haina Company said that at the beginning of the cooperation, it had already told the other party that the trademark of "Instant Noodles Sashido" was still being applied for, and the contract signed by both parties was only a general service agreement, that is, Mr. Lin and Mrs. Lin presented specific guidance and management knowledge training for the restaurant.

Upon the judge's inquiry, Haina Company stated that "Instant Noodles Sashido" was first set up in 217 and was operated by an outsider in Zhongshan Road, Xiamen, but the company did not immediately operate the store. After that, Heiner applied for trademark registration, but it has never been successful.

The trial of the case in Siming District Court found that the key factor of franchising depends on the approved application of operation sources such as trademarks, corporate logos and patent rights and their unified operation mode. Before Haina Company signed a contract with Mr. Lin and Mrs. Lin, "Instant Noodles Sashido" had already become a well-known brand of knowing eight rings. Mr. Lin and Mrs. Lin signed the contract in order to gain operating rights by relying on the popularity and use value of "Instant Noodles Sashido" to know eight rings. If Heiner Company refers to training students with specific guidance, a storefront will cost more than 19, yuan, which is not natural. In addition, it can be seen from the transfer notes, WeChat chat records, etc. that the cooperation between them includes trademark authorization, unified management mode, etc., and should be judged as a franchise contract.

Considering that Haina Company has provided certain services for Mr. Lin and Mrs. Lin's business, the Siming District Court ruled in the first instance that Haina Company returned Mr. Lin's deposit of more than 3, yuan and occupation fee of more than 6, yuan, and the amount returned to Mrs. Lin was the same as above. For more trademark information, please visit Bajie Intellectual Property Trademark Transfer Network!