What must a Bevaris Alliance Franchisee comply with regarding the use of Intellectual Property?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
lectual Property and may take whatever action it, in its sole discretion, decides in respect of any infringement or alleged infringement of it, or arising from its use. The Franchisee shall co-operate with the Franchisor in taking such action and the Franchisor shall meet any reasonable expenses of the Franchisee in doing so.
- 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.
- 15.6 Intellectual Property in Manual. The Franchisee acknowledges and agrees that all Intellectual Property in the Manual is and shall remain the exclusive property of the Franchisor. The Franchisee shall hold the Manual in safe custody at its own risk and maintained and kept in good condition by the Franchisee until returned to the Franchisor or destroyed at the option of the Franchisor in accordance with clause 19.3.
**16.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, franchisees have several obligations regarding the use of the company's intellectual property. The franchisee cannot apply for registration of any of Bevaris Alliance's intellectual property, or anything confusingly similar, anywhere in the world. Franchisees must comply with the operations manual and all requests from Bevaris Alliance regarding the use of intellectual property, including using the correct trademark, copyright, and registration symbols. Franchisees must also assist Bevaris Alliance in registering its trademarks.
Furthermore, the franchisee is not allowed to license any other person to use Bevaris Alliance's intellectual property. They can only use the intellectual property as specifically permitted by the franchise agreement and the operations manual. Franchisees are prohibited from using any intellectual property that is confusingly similar to Bevaris Alliance's intellectual property. They must not take any actions that could negatively affect the intellectual property or Bevaris Alliance's rights to it.
Finally, a franchisee must immediately stop using any specific advertising, promotional material, or packaging if Bevaris Alliance requests them to do so. All goodwill associated with the trademarks that results from the franchisee's use of the trademarks will belong to Bevaris Alliance. If a franchisee becomes aware of any potential infringement on Bevaris Alliance's intellectual property, they must immediately inform Bevaris Alliance with all the details the company requests. Bevaris Alliance has the right to manage any legal proceedings related to intellectual property, and the franchisee is required to cooperate in such actions, with Bevaris Alliance covering reasonable expenses incurred by the franchisee during this cooperation.