It should be emphasized that the lump sum payment often does not correspond

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Then the transaction is considered invalid, so any funds paid under it, including the lump sum payment, are returned. Another option that allows you to correct the situation: an agreement between the parties is concluded, but the document is not registered with Rospatent. Here, the franchisor is obliged to pay a lump sum and compensate for losses. The fee can be returned if the brand is not registered and the franchisee is forced to use names, trademarks, etc.


However, to recognize this fact, a legal expert opinion or a court decision on intellectual line database rights will be required. In any of the above cases, a standard scheme is used to return the franchise lump sum and compensate for losses. First of all, a claim is sent to the franchisor. This can be done with a signature or by registered mail, assuming a receipt of delivery. If the trademark owner does not respond within the specified time period or refuses to return the money, proceedings are taken in court or in Rospatent.


to the initial investment in opening a company under a well-known brand. There is always a possibility that the franchisee will be forced to invest in equipment, goods, independently pay for the work of employees, rent, repair of retail space, etc. The amounts of expenses and the lump sum may coincide only if the franchise has included the said expenses in the payment we are interested in or the partner can operate without having an office.