factual

Who bears the cost of transferring intellectual property to the franchisor if a Chatime franchisee or guarantor owns similar intellectual property?

Chatime Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee and Guarantor must:

  • (1) If it is the owner of any intellectual property (e.g., business or corporate names, trademarks, domain names) similar or identical to the Intellectual Property in the Territory, immediately upon execution of this Agreement, take all steps necessary to transfer ownership of that intellectual property to Franchisor at Franchisee's cost;
  • (2) If, during the Initial Term, either Franchisee or any Guarantor registers any intellectual property (e.g., business or corporate names, trademarks, domain names) similar or identical to the Intellectual Property in the Territory, the relevant party must immediately upon such registration, take all steps necessary to transfer ownership of that intellectual property to Franchisor at Franchisee's cost; and
  • (3) Not, except as otherwise agreed or directed by Franchisor in writing, register any intellectual property (e.g., business or corporate names, trademarks, domain names) similar or identical to the Intellectual Property or that contains or consists of any Intellectual Property or anything that is substantially identical or deceptively similar thereto or otherwise relates to the Chatime brand or the System. In particular, if Franchisee or Guarantor is a corporation, each must not use the word "Chatime" or any other similar word or derivatives of that word in its corporate name, with acknowledgement that the factors determining similarity of trademarks as stated above include, without limitation, the appearances, concepts, pronunciations, designated classes and designated goods and services of trademarks.

Source: Item 23 — Receipts (FDD pages 58–262)

What This Means (2025 FDD)

According to Chatime's 2025 Franchise Disclosure Document, the franchisee bears the cost of transferring intellectual property to the franchisor under certain circumstances. Specifically, if the franchisee or any guarantor owns intellectual property similar or identical to Chatime's intellectual property within the designated territory, they must take immediate steps to transfer ownership to Chatime. This transfer of ownership is at the franchisee's expense.

This requirement extends not only to intellectual property owned at the time of signing the agreement but also to any intellectual property registered during the initial term of the franchise agreement. If either the franchisee or a guarantor registers intellectual property similar or identical to Chatime's, they are obligated to transfer ownership to Chatime at the franchisee's cost upon registration.

Furthermore, franchisees and guarantors are prohibited from registering any intellectual property that is similar or identical to Chatime's intellectual property, or that contains or consists of any of Chatime's intellectual property. This includes anything substantially identical or deceptively similar to the Chatime brand or system. For corporations, this restriction includes using the word "Chatime" or any similar word in their corporate name. This ensures Chatime maintains control over its brand and intellectual property, preventing potential conflicts or misuse by franchisees.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.