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Licensing v. Franchising
This article discusses the elements of a trademark license and of a franchise and the "Twilight Zone" between the two with respect to the degree of assistance the licensor provides and the degree of control the licensor exerts over the licensee method of operation. The danger is having a license agreement ruled to be a franchise and the licensor to be in violation of the FTC Franchise Rule and state unfair and deceptive trade practice laws for failure to comply with the pre-sale disclosure requirements of the FTC Franchise Rule.
Register Your Business Name
When you begin selling franchises, you will want to have obtained a federal registration for your business name. This is obtained by making a filing with the United States Patent and Trademark Office. A franchisor licenses the business name to its franchisees, so it is important that the franchisor own and protect the name as much as possible. However, it is not necessary to have already obtained name registration before beginning to sell franchises.

Other s marks Related Articles

Passing Off and the Protection of Trade Dress in Franchising
Trade dress can be protected at common law through the tort of passing off. When trade dress is registered, or registrable under the Trade-Marks Act as a distinguishing guise, it can also be protected through the statutory action found in s. 7(b) of the Trade-marks Act which codifies the common law tort of passing off. A plaintiff must demonstrate goodwill, deception due to a misrepresentation and actual or potential damages. Under the statutory action a plaintiff must further show that the action concerns a trade-mark within the meaning of the Trade-marks Act. franchise lawyer ontario london toronto attorney franchisor franchising www.franchiselaw.ca
Federal Trademark Application Timeline, Intent to Use Application
A detailed timeline for a Federal trademark application for those applicants that are not currently using their marks.

Getting Control of a Domain Name
Question: If someone has already registered a Domain Name that is similar to my business name or trade marks, is there is anything that I can do about it without having to take expensive Court action?
® vs. ™
The ™ or SM symbol is to be used for marks that either have a pending trademark application OR for marks that are simply claiming the rights to the mark. The ® symbol is to be used for marks that have a Federally registered trademark.

Marketing Myopia- DANGEROUS
marketing myopia at MARKS and SPENCER INDIA-KOLKATA
Choosing Your Franchise Name
The corner stone of franchising is the franchisor's brand, marks, commercial symbols and logo.
Fanciful Trademarks
The strength of a particular trademark is gauged according to the Distinctiveness & Descriptiveness Continuum. On the very left of that continuum are fanciful marks, which arguably are the strongest sort of marks to file. Filing these types of marks increase the likelihood of trademark registration (provided, of course, that the mark is legally available).
Arbitrary Trademarks
The strength of a particular trademark is gauged according to the Distinctiveness & Descriptiveness Continuum. Arbitrary marks are not as strong as fanciful marks but they are still strong in terms of trademarks. Choosing an arbitrary mark certainly makes the trademark filing process easier, provided, of course, that the mark is legally available.

Don\'t Wait to See the Blood
At my youngest daughter's sixth birthday party, a five-year-old boy hit her on the head. Asked to apologize, he politely refused: "Mr. Clemmer, I don't apologize unless I see teeth marks or blood." Many managers don't realize the problems they're creating unless they see the teeth marks or blood on those with whom they work. The most insensitive managers are those who lack good feedback systems and refuse to seek input on how to improve their own performance.
Forward Looking Leaders Know When to Step Back
Poor managers are like vampires. You hold up a mirror and they see nothing. At our youngest daughter's sixth birthday party, a five-year-old boy hit Vanessa on the head. Asked to apologize, he politely refused: "Mr. Clemmer, I don't apologize unless I see teeth marks or blood." Many managers don't realize the problems they're creating unless they see the teeth marks or blood on those with whom they work. The most insensitive managers are those who lack good feedback systems and refuse to seek input on how to improve their own performance.
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