Item 13: Trademarks
Content: All registered trademarks of the franchisor are specified here, including all the registration information for those trademarks.
Purpose: Franchisees are advised about the “trade dress,” including the logos, symbols, trade names, etc. available for their use. More importantly, the registration information confirms the franchisee has critical protection in two important areas: 1) exclusivity from competitors using the same trademarks, and 2) assurance the trademarks will be available for the long term.
Tips & Advice: This item is brief, but important. Virtually all franchisors will clearly outline the complete and proper registration of their logos and trade names. This is one of the first things a franchisor does when setting up their system to franchise. Do be careful to look for areas in which the trademark may be contested. If the franchisor does not have the name or logo properly registered, this is a reason to “just say no” to the opportunity.