Brand & Franchise
Franchising is a commercial relationship in which the franchisor transmits to the franchisee his know-how and the right to use his distinctive signs (brand, brand, brand, concept...) to enable the franchisee to repeat a proven commercial success.
Franchise law has many aspects, including intellectual property law, which is an essential component of franchise law.
In addition to lawyers specialising in franchising, it is essential to use lawyers specialised in intellectual property and trademark law.
The necessary legal support for the franchisor in the field of intellectual property
The franchisor's distinctive signs are of significant economic value to the franchisor as they will be the first signs of customer buy-in.
The franchisor's intellectual property assets are the basis of the entire relationship that will be created between the franchisor and the franchisee.
It is therefore imperative that the franchisor protect its franchise brand, concept and all its intellectual property assets before granting them to the franchisor.
Franchisors are therefore strongly advised to pay particular attention to these assets and to use a lawyer specialised in trademark law, who will work alongside their franchise lawyer.
Protecting your brand under franchise
The franchise agreement is based in particular on the franchisee's right to operate the brand under franchise.
For the legal certainty of both the franchisor and the franchisee, it is necessary for the franchisor, who creates a franchise brand, to guarantee the best protection for his brand.
It is therefore imperative for the franchisor to register his trademark to designate all the goods and services he intends to exploit under his trademark.
Our intellectual property lawyers assist and advise the franchisor in the registration of his trademark and in the follow-up of this registration. They also assist the franchisor in all contentious or non-contentious proceedings relating to his brand.
Indeed, franchise brands are subject to various and varied attacks by third parties. It is therefore essential for the franchisor to monitor his trademark and take action against any infringement by third parties of his trademark rights.
Finally, our Firm also assists the franchisor with all contracts relating to its brand, in particular licensing agreements for the franchise brand.
Our lawyers are responsible for monitoring these contracts on behalf of the franchisor and, in particular, for registering these contracts with the competent Trademark Office in order to make them enforceable against third parties and to ensure that the franchise mark cannot be the subject of an action for revocation for non-use.
Protecting your concept under franchise
A franchise is characterized by the concept of its points of sale, which is one of the elements that identify the franchise for customers.
The concept will therefore have to be duplicated by all its franchisees.
The franchisor must therefore ask himself the preliminary question "how to protect a concept" in order to be able, subsequently, to authorize franchisees to use the concept serenely.
Our lawyers assist the franchisor in protecting his concept
Indeed, the franchisor must be aware that the mere transfer, by his architect, of the material ownership of the concept does not automatically transfer all the operating rights held by the architect on the concept.
It is therefore necessary for the franchisor to obtain an assignment of rights in the concept in order to be able to freely exploit the concept and allow its franchisees to exploit it.
Our Law Firm intervenes from the moment the franchisor orders the concept from his architect to supervise the transfer of the architect's rights on the concept.
We also provide legal advice to enable the franchisor to possibly file the franchise concept, for example in a soleau envelope or with a bailiff, or as a design, if the conditions are met.