Trademark License and Franchise Relationship (Part B)

Exercising Control Over Your Trademark

While it is important to use specific language to regulate the use of trademarks, you must also see this language through with your actions. While trademark laws do not define the rules of quality control, they do state that without control, your trademark license may be nullified. In other words, if you do not enforce the rules in the licensing agreement, the agreement may be insufficiently exercised, and it will hold no legal merit.

To enforce your licensing agreement, you may need the help of a New York franchise attorney. An attorney can ensure that your rules are properly followed, and if they are broken, an attorney can take the proper action in a formal court of law.

Policing Your Licensing Agreement

There is a difference between enforcing your agreement, and policing your franchisees. While you cannot possibly be aware of all the various business activities of your franchisees, you should do your best to prevent misleading use of your registered trademarks. If a franchisee uses a trademark improperly, or abuses your intellectual property, it is up to you to take the necessary action to stop continued abuse.

For example, if a franchisee provides unauthorized services under your company's name or brand, it is up to you to put a stop to this activity. Ultimately, you may be held liable for your franchisee's illegal business activity. Not only can this result in legal damages, but it will hurt your business, and may impact the value of your brand.

If you discover that one of your franchisees has abused your intellectual property, you may need to take legal action. With the help of a New York franchise attorney, you can issue a letter to cease and desist from infringement on your property. And if need be, your New York franchise attorney can file a trademark infringement lawsuit.

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 how to protect your trademarks and intellectual property. 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.




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