Functions of a Trademark (Part A)

Purchasing and maintaining a quality franchise can be a tricky business. There are dangers to diving in head first without any preparations; you want to protect your investment and the future of your business. One particularly tricky aspect of franchising is creating a trademark.

Choosing the right trademark is crucial to the success of your franchise. The trademark is what customers remember, it is the "heart and soul" of a company. You do not want to take chances with this decision. A good trademark is marketable and attractive as well as legally protectable. If you are unsure if your trademark idea is legally protectable, it would be in your best interest to consult an experienced business and franchise lawyer who can guide you in the proper functions of a trademark.

What is a trademark?

Simply put, a trademark is a brand name. It can be a symbol, name, word, device or any combination thereof. The purpose of such a mark is to label a product as your own, a good or service unique to your franchise.

You may wish to seek national business law help when choosing your trademark. This can help you to ensure your trademark is unique, protectable and appropriately representative of your franchise.

The Functions of a Trademark

A trademark has several legally protected functions. Each function serves to mark products as belonging to your company and to distinguish them from similar products created by other manufacturers.

The functions of a trademark include:

• Identifying your goods or services as a unique product of your company;
• Marking all goods or services of your company as coming from a single, superior source;
• Identifying all goods or services bearing the trademark to be products of similar quality;
• Possibly being used as an advertising tool for your products; and
• Unifying all goods or services in your franchise system via a single identifying word or symbol.

This list is just the tip of the franchising iceberg; you should not consider purchasing a franchise or initiating important business decisions without the national business law help of an experienced business and franchise lawyer.

Continue to Next Page >>

Practice Areas