How is a Bevaris Alliance franchisee permitted to use the Intellectual Property?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
15.2 Limited rights granted. The Franchisee acknowledges that:
- (a) it does not have any right, title or interest in the Intellectual Property or any updates or improvements to it, save as specifically set out in this agreement, and the Manual; and
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.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, a franchisee's use of the franchisor's intellectual property is specifically limited. The franchisee gains no broad rights or ownership, only the specific permissions outlined in the franchise agreement and the operations manual. This means Bevaris Alliance retains control over its brand and system.
The franchisee must adhere to the guidelines in the manual and any requests from Bevaris Alliance regarding the use of intellectual property, including proper use of trademark symbols. They are also expected to assist Bevaris Alliance in registering its trademarks. The franchisee is explicitly prohibited from registering any of the intellectual property (or confusingly similar intellectual property) in their own name or licensing it to others.
Furthermore, the franchisee's usage must not adversely affect the intellectual property or Bevaris Alliance's rights to it. Bevaris Alliance retains the right to direct the franchisee to stop using specific advertising, promotional material, or packaging. All intellectual property within the manual remains the exclusive property of Bevaris Alliance.