What must a Bevaris Alliance franchisee do regarding the use of the Intellectual Property and the ™, © and ® symbols?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 15.3 Obligation to report.
If the Franchisee learns of any threatened or actual infringement of the Intellectual Property, or of any circumstance which suggests that the use of the Intellectual Property may infringe the intellectual property of a third party, it shall immediately inform the Franchisor, giving all such details as the Franchisor requests.
- 15.4 Conduct of proceedings. The Franchisor shall have conduct of any proceedings relating to the Intellectual 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.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, franchisees have specific obligations regarding the use of Bevaris Alliance's intellectual property, including trademarks and symbols. Franchisees must adhere to the guidelines outlined in the franchise agreement and the operations manual concerning the use of intellectual property and the ™, ©, and ® symbols. This includes complying with all requests from Bevaris Alliance regarding the use of intellectual property.
Specifically, franchisees are prohibited from registering any of Bevaris Alliance's intellectual property (or anything confusingly similar) in their own name anywhere in the world. They are also not allowed to license or attempt to license the intellectual property to others. Franchisees can only use the intellectual property as explicitly permitted by the franchise agreement and the manual. They must also avoid using any intellectual property that could be mistaken for Bevaris Alliance's.
Furthermore, franchisees must not take any actions that could negatively impact Bevaris Alliance's intellectual property rights or ownership. If Bevaris Alliance requests that a franchisee stop using specific advertising, promotional materials, or packaging, the franchisee must comply immediately. All intellectual property within the manual remains the exclusive property of Bevaris Alliance, and franchisees are responsible for keeping the manual secure and in good condition. Franchisees must also use only insignia, symbols, brand names, trade names or trademarks at the Premises that are approved by Bevaris Alliance and specified in the Manual.
If a franchisee becomes aware of any potential infringement on Bevaris Alliance's intellectual property, or any situation suggesting that the use of the intellectual property might infringe on a third party's rights, they are required to inform Bevaris Alliance immediately, providing all requested details. Bevaris Alliance retains control over any legal proceedings related to intellectual property and will decide on the appropriate course of action regarding infringements or alleged infringements. Franchisees are obligated to cooperate with Bevaris Alliance in such actions, with Bevaris Alliance covering reasonable expenses incurred by the franchisee during this cooperation.