Trademark License and Franchise Relationship (Part A)

When starting a franchise in New York, it is important to control the use of your business's intellectual property. This means regulating the way your franchisees will use your business name. It also means controlling the use of your federally registered trademarks.

By controlling the use of your name and trademarks, you will maintain control over your unique brand, which will help consumers recognize your products and services.

To ensure that you have taken the proper steps to regulate the use of your federally registered trademarks, you can get the professional help of an experienced New York franchise lawyer.

Maintaining Control Over Your Trademarks

When starting a franchise in New York, you can control your trademarks with the specific language that you put in your franchise agreement. In fact, it is a generally sound business practice to spell out these terms within the franchise agreement. This will protect you from trademark abuse by your various franchisees, as well as protect the trademark itself.

The Licensing Agreement

The licensing agreement may be part of the larger franchise agreement, which you will have a franchisee sign when starting a franchise in New York. In the licensing agreement, you may regulate things such as:

  • A franchisee's mandatory use of colors, symbols, or various trademarked images;
  • The ways a franchisee may not use a trademark;
  • The trademark specifications that they must adhere to; and
  • A franchisees' use of your trademark in any of their marketing materials


A New York franchise lawyer can help you draw up these terms in the agreement. This will assure you quality control over your valuable intellectual property. By taking these critical steps early on when starting a franchise in New York, you can build a standard brand that your customers will come to recognize. Having a recognizable brand will be important in building the financial success of your franchise.

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