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Should Franchises be Incorporated?
Purchasing a franchise can be one of the most exhilarating ventures a small business owner can experience. There are an infinite number of issues that franchisees must consider - what kind of franchise to purchase, where to locate, where to find financing, how to build the space, to name just a few. One of the last questions that a franchisee often thinks of is - what legal form should a franchise operate as? This article will review the considerations regarding the selection of business legal form with the franchise in mind and whether franchisors should consider requiring all franchisees to incorporate.

Trademark Renewal & Maintenance – How Do I Keep My Trademark?
After you’ve applied for your trademark, there will be a waiting period of approximately 18 months before your name is actually registered with the United States Patent & Trademark Office (herein referred to as the USPTO). Until then, it will be listed as "Pending." Sometimes there are hold-ups; the USPTO may not allow you to use the name you’ve chosen to apply for because there is a similar name already trademarked.

Trademarks – What You Ought to Know
Trademark law affects every business in the United States. Don't assume that your new business name, new product name, slogan or logo has not already been used commercially OR trademarked! No business name may be used in any one of the following cases...

Name Your Business
There is more to naming your business than just coming up with something that sounds good and you happen to like. Thought must be given to state and local requirements and making sure you don’t infringe upon the rights of someone else’s business name.

A Comparative Look at the Definition of \"Franchise\"
This article identifies and highlights differences between the definition of franchise contained in the Ontario legislation, the Alberta franchise legislation, the UNIDROIT Model Law, the NASAA Model Law, the Federal Trade Commission Franchise Rule and under the Canadian Franchise Association Guidelines.

Other trade name 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

How to Promote Sales Growth at a Trade Show
How is your company making a bigger impression than your competitors at trade shows. Many vendors attend trade shows and the best make it a success. The following article provides tips to ensure your next trade show is a triumph.

Sectoral Trends of FDI in Developing Countries: Background
The recent waves of globalisation have substantially transformed the modes of production and trade in both developed and developing countries. This is reflected in the changes in the extent of information and technology in the workplace, firm’s production and organisational strategies, trade and FDI liberalisation policies, and new rules of international trade and investment. Given these developments, the sectoral trends (primary, manufacturing and services) in FDI have changed rapidly over the past two decades.

Emissions Trading (Cap and Trade)
Cap and Trade systems are gaining in attention today. Much of the developed world operates under Cap and Trade but it's a mystery to many in the U.S. Some believe it's the best way to promote emission reductions. Cap and Trade has been introduced for consideration in congress with a reasonable chance of being enacted into law in 2009. This article discusses Cap and Trade fundamentals.

Trademark Law India
Trade Mark means a registered trade mark or a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as proprietor to use the mark ; and a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark. (See Section 2(v) of the Trade and Merchandise Marks Act, 1958)

Trademark Registration India
It is not any trade mark which is registrable. To be registrable the mark should be distinctive and should not be similar to any other trade mark registered for the same or similar goods or used by a competitor whether registered or not. In the case of a similar mark used by a competitor but not registered difficulties for registration will arise only if the owner of the mark chooses to oppose the registration. In choosing a trade mark therefore one has to see whether the mark satisfies the requirement of distinctiveness contained in section 9 of the Trade and Merchandise Marks Act, 1958.

Trade Mark Infringement Law India
Infringement of a trade mark occurs if a person other than the registered proprietor in the course of trade, in relation to the same good or services for which the mark is registered, uses the same mark or a deceptively similar mark. Essential of Infringement The taking of any essential feature of the mark of taking the whole of the mark and then making a few additions and alteration would constitute infringement. The infringement mark must be used in the course of trade, i.e in a regular trade wherein the proprietor of the mark is engaged. The use of the infringement mark must be printed or usual any oral use of the trade mark is not infringement. Any or all of the above act would constitute infringement if the same is done in such manner as to sender the used to the mark likely to be taken as being used as a trade mark.

The secret of building a wining export company
You can easily talk about the export import trade. You may even know broad technicalities involved in export import trade, but you can’t gain a close perceptive of it until you learn from somebody who already has been in this trade for some time.

Buy American: Establishing Artificial Boundaries or Removing Unwanted Barriers?
"This idea of international free trade is a fallacy. We don't need free trade. We need smart trade . . . Even Canada is not truly a free trade partner. Their regulations require broadcasters use a specified percentage of Canadian-produced programming. That's protectionism, and to deny it is to be the patsy to foreign governments who think they can take advantage of the naivete of the American voter." Stephen Cottle, Hatford, CT (LinkedIn Q&A Response)

Protecting Trade Secrets when selling your Business
Protecting Trade Secrets when selling your Business is vitally important. Many Business sellers and business brokers misunderstand the difference between items that are confidential and those that go to the level of a trade secret. It is extremely important to protect both in the selling process but it is important NOT to disclose Trade Secrets to a business buyer many times until AFTER the business has sold. The question is what is truly a trade secret and what is simply confidential?

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