!44: Discount Cost Of Trademarking

Friday, December 30, 2011

How Do You Get a Trademark?

!±8± How Do You Get a Trademark?

While some individuals choose to hire attorneys to walk them through the process of applying for a trademark, others choose to use a trademark research firm, which can cost thousands of dollars less. It is important to remember when hiring someone to do your research that they not only search through Federal and State trademark records for name similarities, but also Common-Law listings.

Many people are under the impression that they can perform their own comprehensive search utilizing the help of search engines, in addition to the United States Patent and Trademark Office (herein referred to as the USPTO). While it is a good idea to become familiar with the USPTO website, individuals sometimes believe that the data they collect from this website is truly representative of the trademarked names which are currently being used. The USPTO's website is never a thorough way to search the name you're hoping to trademark! The website is not updated regularly, and in addition to this, you can ONLY search Federal trademark records on the USPTO, NOT State trademark records OR Common-Law records!

It is imperative to search Federal and State trademark records AND Common-Law records because it is the only way to ensure that your search was done in a comprehensive manner. Federal and State trademarks records are looking at businesses that have either a federally registered trademark, or those who have registered a state trademark. When these records are searched, any federal or state trademarks that are either pending or registered will be visible to the researcher. Common-Law records examine those businesses who are in business but not have necessarily filed for a Federal or a State trademark. When Common-Law records are searched, thousands upon thousands of newspaper articles, city business listings, periodicals, incorporation listings, DBAs, LLCs, etc. are examined for any name similarities. Although such businesses do not have a trademark, they might have "first-use rights" to the name. This could mean that they still have ownership over the name within their trade area AND the capacity to take legal recourse if they determine that your name and business is the same, or similar.

If the research proves clear, the next step is to prepare and file the application. This can be done by anyone; however, the USPTO is very particular about how the application is prepared, so it's best to leave it to professionals.

Three Steps -- Federal & State trademark search, US National Common-Law search and Application Preparation & Filing - and the Trademark could be YOURS!

How Do You Get a Trademark?

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Monday, December 26, 2011

Franchise Agreement PDF, A Sample Document

!±8± Franchise Agreement PDF, A Sample Document

How To Write A Franchise Agreement

A Franchise Agreement PDF example is the best way to write your own franchise agreement. The downloadable format will take you step by step through the intricate process of writing a franchise agreement in accordance with all FTC standards. There are a lot of these examples to choose from online but finding the one that is right for you will take knowing just what the document should entail.

The franchise agreement is a binding legal contract. It is made between a franchisor and a franchisee and is strictly enforced at the state level. Each state has its own laws governing franchise agreement contracts. The contents of a franchise agreement can vary from state to state and business to business. Whether you have a lawyer prepare your franchise agreement or build your own from a franchise agreement Pdf, below are a few of the things that must be present in any PDF that you are considering:

Franchisor's Obligations - the document must explain what assistance will be given by the franchise to the new franchisee. This includes operational assistance, advertising, site, marketing research, and programs.

The Franchisor, Affiliates and Predecessors -the document has to show the nature of the business and a complete history of the business. It must also disclose corporate history, and mergers or acquisitions if applicable.

Business Experience - the key personnel must be identified and all affiliates that will be an integral part of the new franchise. This disclosure must also include each individual's business experience for five years.

Bankruptcy - it must be noted if the company or its officials have filed for bankruptcy. This information must be for the previous 15 years. If so, what were the circumstances and disposition of the filing?

Initial franchise fees - an estimate of all fees to be incurred by the franchisee must be given. This is to include the initial asking price and how the money will be used. If the franchisee will be able to get a refund in the event the deal fails should also be in writing.

Litigation - any litigation whether civil or criminal must be in the disclosure agreement. This is needed for all officers, owner/operators, directors and other executives.

Other Fees - full disclosure funds the franchisee is expected to pay out, not limited to but including advertising, royalties, training, and insurance.

Initial Investment - there will be other costs aside from the initial franchise fee and this must be estimated and disclosed to give the franchisee an idea of the true cost of doing business. This includes estimates for furniture, supplies, equipment, real estate and starting capital.

Restrictions/Obligations - if the franchise has any designated sources for equipment, supplies and other services this must be included in the franchise agreement. For instance with McDonald's, Martin Brauer is the only Transport Company allowed to be used by its franchisees.

Franchisee's Obligations - specific details must be included if the franchisee has to lease or buy equipment. If you have a designated supplier for this you have to include their information as well.

Financing - what, if any, financing you as franchisor are extending to the franchisee.

Territory - describes how the territory will be divided. The franchisor must let the franchisee know if the area is to be exclusive, and if not what retention rights does each party hold to the territory.

Trademarks -- must make clear in writing what trade names, logos, trademarks, and any other symbols registered with the U.S. Patent and Trademark Office are solely the property of the franchise.

Participation Obligation - let's the franchisee know how much they personally are expected to be involved it the running of the franchise.

Restrictions on Goods Sold - what restrictions, if any, are there on the types of goods or services that can be sold from the franchise location.

Transfer/Dispute Resolution and Renewal/Termination- this is usually the most difficult section because of its complexity. You must try to anticipate all contingencies and make provision for them.

Public Figures - disclose any public figure that is being paid to promote the franchise. This includes actors, sports figures or local celebrities.

Earnings - the franchisee has a right to know how much profit he/she can expect from the business in the first five years.

Outlets - a record of all the franchisee sold and those that are presently in operation must be given to the franchisee. The list should also include any terminated franchises for 3 years prior to the signing.

Financial Statements - full disclosure means that you have to include a copy your audited financial statements this is to include your income statements for the previous 3 years. This is a state requirement.

Receipt - this is a form that the franchisee can sign acknowledging that they have in fact received the required documentation, this is not an obligation to sign the agreement but just a way to prove to the state that its mandate has been followed.