What Is The Lanham Act?

When starting a franchise in New York, it is important to regulate the use of your trademarks through the language in your licensing agreement. This allows you to control a franchisee's use of your registered trademarks. The Lanham Act is what allows this use, but only when you exercise sufficient quality control over your trademarks.

According to the Lanham Act, a trademark owner-in order to allow someone to license their registered trademark(s)-must exercise control over the nature and quality of goods or services associated with the registered trademark. 

In other words, in order for you to have a licensing agreement with a business franchisee, you must oversee the business activity of the franchisee. You must exercise control over: 

• The products and/or services that a franchisee provides; and
• The use of your trademarks in association with your business's products and/or services. 

If you fail to do so, you may lose your trademark rights due to a violation of the Lanham Act. Under the Lanham Act, quality control is mandatory when maintaining a licensing agreement.

If you have questions regarding your licensing agreement, or about your responsibilities under the Lanham Act, you can get the advice of a New York franchise lawyer.

If you plan on starting a franchise in New York, you will 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 Lawyer 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.