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Can I still use my trademark without paying the franchise fee?

The trademark cannot be used without paying the franchise fee, which will constitute trademark infringement. The use of trademarks after joining is a commercial franchise activity and the trademarks can be used legally. However, if you don’t pay the franchise fee, you don’t have the right to use it, which is an act of using the trademark without the permission of the trademark registrant.

Legal Basis

Article 3 of the "Commercial Franchise Management Regulations"

The term "commercial franchise" (hereinafter referred to as "franchise") as mentioned in these Regulations refers to the ownership of An enterprise that registers trademarks, corporate logos, patents, proprietary technologies and other business resources (hereinafter referred to as the franchisor) licenses its business resources to other operators (hereinafter referred to as the franchisee) in the form of a contract. The franchisee shall follow the contract It is agreed to carry out operations under a unified business model and pay franchise fees to the franchisor. Other units and individuals other than enterprises may not engage in franchise activities as franchisors.