|
Forum
Started Dec 12 2012, 18:19
|
Dec 12 2012, 18:19
Almost all franchisors own at least one federally registered trademark (and if they don’t, they should). As a general principle, brand owners are required to monitor and enforce their trademark rights in order to retain the exclusivity afforded by federal trademark registrations. This takes on additional complexities for franchisors—who need to make sure not only that no one is using their trademarks without authorization, but also that franchisees are making proper use of their marks.
For most companies, trademark monitoring is the task of examining the market for illegitimate, unauthorized, and otherwise negative references to a company’s trademarks. Potential threats can include:
Infringers (such as start-ups that have unwittingly adopted a similar name);
Counterfeiters (businesses that knowingly sell knock-off goods under your trademark); and
Dissatisfied consumers (who may take to social media to complain about your brand).
For franchisors, trademark monitoring also involves keeping tabs on use of the franchisor’s trademarks by its franchisees.
One of the fundamental components of a franchise agreement is a license for the franchisee to use the franchisor’s trademarks. With regard to this license, the franchise agreement will impose certain obligations and restrictions on how and where the franchisee can make use of the marks. Getting most franchisees to comply with these obligations and restrictions takes training and ongoing advisement.
ID#12646045
Nilima
|
|
|
We Speak Your Language
|