EXPERTADVICE
EXPERT ADVICE CLINIC
Our expert panel offers advice on a range of issues for franchisors
I spent a lot of time coming up with my brand and logo. How can I make sure it stays protected?
ANDREW FRASER QFP
Andrew Fraser is an associate in the franchising team at Harper Macleod LLP
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www.franchisornews.co.uk
The essence of franchising is that you entrust a franchisee with use of your brand, logo and the reputation that goes along with them. This is one of the trade-offs you have to make to reap the many benefi ts that franchising brings. You should focus on ensuring that your brand is protected to the fullest extent possible. There is both a legal and a practical side to this. The legal side starts with registering your brand and logo as trademarks with the Intellectual Property Offi ce. Having a registered trademark makes it much easier to enforce your rights against any would-be infringers. Thereafter, you should monitor the use of
your brand both inside your organisation (eg by franchisees) and outside your organisation (eg by others looking to benefi t from your reputation). In the event that you spot any potential infringement you should call your solicitor for a chat about how best to enforce your rights. From a practical perspective, training your franchisees on using and protecting your brand is essential. The operations manual should contain detailed guidance on what is and isn’t permitted. You should make it clear that any infringement of this guidance will be considered a breach of the franchise agreement. Also, it’s a good idea to assess each potential franchisee during your recruitment process to ensure they understand the importance of protecting the brand both for themselves and the wider franchise network.
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