Brand Protection for The Franchise Industry

A well-protected and strong brand is an essential element of successful franchising, and the use of Registered Trade Marks is fundamental to the process.

Like all property, Trade Marks need to be built on strong foundations and must be looked after during their lifetime to ensure they continue to deliver value to your business. ip21, recommended by Franchise Development Services (FDS) and now an FDS Associate, has a team of Trade Mark Attorneys who can assist you at all stages throughout the life of your brand.

Amongst the services we offer are:

• Advice on basic registrability of brands
• Clearance Searches to check the availability of protection and freedom to use the mark
• Filing for protection in the UK
• Extending protection outside the UK as your business grows
• Watching for third-party encroachments on your protected rights
• Opposing conflicting registrations
• Enforcing your rights against others

Already Franchising?

Is your brand image the same as it was five years ago?

You will already have trade mark protection for your key branding, but it's easy to forget that changes in the design of logos and use of new names for products and services might mean that your original protection is now inadequate. The changes are often subtle, but the cumulative effect can be dramatic.

Have you introduced new products and services?

It's quite possible that these are not covered by your existing registrations. If that's the case, they should be protected to maintain the strength of your portfolio.

And what about competitors?

Since October 2007, the Trade Marks Registry no longer considers conflict with registered marks (such as yours) when assessing new applications from competitors: it's up to you to object if you want to stop them.

Perhaps it's time to have a health check of your trade mark portfolio and watch what the competition is doing? ip21's team of Trade Mark Attorneys offers a FREE health-check worth £500 of your existing brands and a cost-effective watching service to keep an eye on the competition.

Considering Franchising Your Business?

Is your brand protectable?

Many companies choose brand names that describe what they do. Whilst this seems appealing, protection of such brands with a Trade Mark can problematic. If you haven't already settled on a name, check it out first with a Trade Mark Attorney.

What about the rights of others?

Before you use or franchise a brand, you need to check there are no existing rights that could stop you. Finding yourself on the wrong end of a law suit can ruin a potentially successful business.

Have you covered all the bases?

You might start with a single service or product, but as your business grows and develops into new areas, existing trade mark protection might prove inadequate. An experienced Trade Mark Attorney can help secure the scope of protection you need from the outset.

Protecting your brand names and logos is key to setting up and running any franchise. The right to enforce a brand monopoly underpins an attractive selling proposition to potential franchise owners and gives you an edge over competitors.

ip21's team of Trade Mark Attorneys offers FREE advice on the basic registrability of brands and can carry out cost-effective clearance services to check the rights of others.

If you are an established franchisor or considering franchising your business, please register below to take advantage of our FREE advice and guidance.