Texas Franchise Law & Intellectual Property LawBy James Blake on
Intellectual property in the form of trade names, trademarks, and service marks lie at the heart of franchise law, and a Texas franchise attorney can be helpful for licensing intellectual property (including intellectual property relating to your brand) while avoiding franchise law mistakes.
Most business owners understand that a trade name, trademark, or service mark adds significant brand value to a company. Yet all of that value can be lost if you don’t seek advice from a franchise lawyer to structure intellectual property licensing, and avoid unwanted franchisor-franchisee issues or franchise law litigation.
Franchise Law & Intellectual Property Law Connection
A franchise is essentially a business agreement with an intellectual property license to use a trade name, trademark, or service mark, where the following conditions are met:
• The Franchisee distributes goods or services associated with a trademark;
• The Franchisor provides significant control or assistance to the Franchisee; and
• The Franchisee pays the Franchisor $500 any time during the first 6 months.
Franchise Registration & Franchise Law Disclosures
Franchise law throughout the country requires certain disclosures, and many states have special franchise registration requirements, where franchise registration, including required disclosures must be filed with the state. This franchise law disclosures are too complex for the ordinary layperson, to prepare, making it critical to hire a franchise lawyer to advise you.
Mistakes in licensing intellectual property and structuring franchise agreements for your brand can ultimately make your company less valuable or might make the business completely unsellable. Consult with a Texas franchise attorney to maximize the value of your brand and to protect yourself from future franchise litigation.
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