Is a Bevaris Alliance Franchisee allowed to apply for registration of any of the Intellectual Property in their own name?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
15.5 Intellectual Property obligations of Franchisee. The Franchisee shall:
(a) not apply for registration of any of the Intellectual Property (or any intellectual property that is confusingly similar to the Intellectual Property) in its own name, in any part of the world;
(b) comply with the Manual and all requests by the Franchisor as to the use of the Intellectual Property and the ™, © and ® symbols in relation to the Intellectual Property;
(c) give assistance to enable the Franchisor to register its Trademarks;
(d) not license (or purport to license) any other person to use any of the Intellectual Property;
(e) not use the Intellectual Property other than as specifically permitted by this agreement and the Manual;
(f) not use any intellectual property that is confusingly similar to the Intellectual Property;
(g) not do anything that may adversely affect the Intellectual Property or the Franchisor's right or title to it; and
(h) immediately stop using specific advertising or promotional material or packaging on receipt of a request by the Franchisor to do so.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, franchisees are explicitly prohibited from applying for registration of any of the Intellectual Property in their own name. This includes intellectual property that is confusingly similar to Bevaris Alliance's Intellectual Property, anywhere in the world.
This restriction is a standard practice in franchising, designed to protect the franchisor's brand and intellectual property rights. The Bevaris Alliance franchise agreement also requires franchisees to comply with the operations manual and all requests from Bevaris Alliance regarding the use of Intellectual Property, including the proper use of trademarks, copyrights, and registration symbols. Franchisees must also assist Bevaris Alliance in registering its trademarks.
Furthermore, franchisees are not allowed to license or permit any other person to use any of Bevaris Alliance's Intellectual Property. They are also prohibited from using the Intellectual Property in any way not specifically permitted by the franchise agreement and the manual. Franchisees must also avoid any actions that could negatively impact the Intellectual Property or Bevaris Alliance's rights to it. If requested by Bevaris Alliance, franchisees must immediately stop using specific advertising, promotional material, or packaging.
If a franchisee becomes aware of any potential infringement of Bevaris Alliance's Intellectual Property, they are obligated to immediately inform Bevaris Alliance with all relevant details. Bevaris Alliance retains the right to conduct any legal proceedings related to the Intellectual Property and to take any action it deems necessary to address infringements. Franchisees are required to cooperate with Bevaris Alliance in such actions, and Bevaris Alliance will cover any reasonable expenses incurred by the franchisee in providing this cooperation.