Is a Bevaris Alliance franchisee required to assist the Franchisor in registering its Trademarks?
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 obligated to provide assistance to enable Bevaris Alliance to register its trademarks. This requirement is part of the broader set of intellectual property obligations placed on the franchisee.
This obligation means that a Bevaris Alliance franchisee must cooperate with the franchisor in any actions related to trademark registration. This assistance could involve providing documentation, information, or other support as requested by Bevaris Alliance to facilitate the registration process. Failure to comply with this requirement could potentially lead to a breach of the franchise agreement.
In addition to assisting with trademark registration, Bevaris Alliance franchisees are also prohibited from registering any of the intellectual property (or any intellectual property that is confusingly similar) in their own name, complying 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, not licensing any other person to use any of the intellectual property, only using the intellectual property as specifically permitted by the agreement and manual, not using any confusingly similar intellectual property, not doing anything that may adversely affect the intellectual property or the Franchisor's right or title to it, and immediately stopping using specific advertising or promotional material or packaging on receipt of a request by the Franchisor to do so.