What specific actions related to trademarks are prohibited for a Bevaris Alliance franchisee?
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 subject to several restrictions regarding the brand's intellectual property. Specifically, franchisees cannot apply to register any of Bevaris Alliance's intellectual property (or anything confusingly similar) in their own name, anywhere in the world. They must also comply with the operations manual and any requests from Bevaris Alliance regarding the use of trademarks, including the proper use of ™, ©, and ® symbols.
Furthermore, franchisees are obligated to assist Bevaris Alliance in registering its trademarks and are prohibited from licensing or attempting to license the intellectual property to any other person. Franchisees are only allowed to use the intellectual property as explicitly permitted by the franchise agreement and the operations manual. They cannot use any intellectual property that is confusingly similar to Bevaris Alliance's intellectual property.
Additionally, franchisees must not take any actions that could negatively impact the intellectual property or Bevaris Alliance's rights to it. Finally, franchisees must immediately cease using any specific advertising, promotional materials, or packaging if requested to do so by Bevaris Alliance. These stipulations are designed to protect the Bevaris Alliance brand and ensure consistent application of its trademarks and intellectual property across all franchise locations.