Knowledgebase

Protecting Your Brand in Franchise and Licence Arrangements Print

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Keeping control of what you own.

WHY IT MATTERS

Your brand is what the arrangement is built on, and it can be damaged or lost.

WHAT TO ESTABLISH FIRST

Trademark registration, in every territory where the arrangement operates.

WHY BEFORE GRANTING ANYTHING

An unregistered mark is difficult to enforce and difficult to license meaningfully.

WHAT TO CONTROL

How the mark is used What it appears on Quality of what it is applied to Marketing materials

WHY QUALITY CONTROL SPECIFICALLY

Trademark licensing without quality control can weaken the mark.

WHAT TO REQUIRE

Approval of materials before use.

WHAT TO ESTABLISH ABOUT DOMAIN NAMES AND ACCOUNTS

That you own them, not the franchisee or licensee.

WHY

Recovering them afterwards is difficult and expensive.

WHAT TO REGISTER IN YOUR OWN NAME

Domains Social accounts Business listings

WHAT TO ESTABLISH ABOUT LOCAL VARIATIONS

What may be adapted and what may not.

WHAT TO ADDRESS ON TERMINATION

Immediate cessation of brand use Removal of signage Return or destruction of materials Transfer of domains and accounts Removal from listings

WHY THAT LIST

Former franchisees continuing to appear as part of the network is a common and damaging problem.

WHAT TO MONITOR

Use of your brand across the network and beyond.

WHAT TO ACT ON

Unauthorised use, promptly.

WHY PROMPTLY

Tolerated misuse weakens the mark.

WHAT TO KEEP

Records of every authorisation granted.


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