How Can I Control My Franchisee’s Use of Trademarks?

If you want to control a franchisee's use of your company's trademark(s), you must put specific language into your franchise agreement. This part of your franchise agreement may be called the licensing agreement.

In the licensing agreement, which can be written by a New York franchise lawyer, you can: 

• Mandate a franchisee's use of colors, symbols, or various trademarked images;
• List the ways a franchisee may not use a trademark;
• Regulate the trademark by including specifications which franchisees must adhere to; and
• Control a franchisee's use of your trademark in any of their marketing materials. 

Once these rules have been agreed to, you must be sure to see them through. If you do not ensure that franchisees follow the terms of the licensing agreement, you may be held liable for any related impropriety or misuse of your intellectual property. In other words, if you do not enforce the rules in the agreement, it will hold no legal merit.

Therefore, if a licensee abuses the use of your trademarks, while providing unauthorized products or services, you may be held liable for this activity. To enforce your licensing agreement, you can get the legal help of a New York franchise lawyer.

If you plan on starting a franchise in New York, you need to protect your trademarks and regulate their use. To learn more about the relationship between trademark licensing and franchises, visit our article library. 

How a New York Franchise Attorney Can Help

If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including the significance of evaluating your trademark and how to approach the preparation of your FDD. For a limited time, get Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 1-800-976-4904 for more information about Mr. Internicola's franchise law services in New York and how he assists entrepreneurs franchise their business nationwide.