What is a franchise?
Franchise law is concerned with the commercial relationship between the franchisor and the franchisee. The franchisor undertakes to transmit certain know-how as well as the right to exploit his or her distinctive sign(s) to the franchisee. In return the latter undertakes to fulfil his or her obligation to pay a remuneration to the franchisor. This mechanism allows a company to develop commercial success by creating a network.
A franchise agreement determines the extent of the relationship between the franchisor and the franchisee. It is therefore necessary to define a precise contractual framework in order to secure the investments of each party.
The Dreyfus team assists you in franchise law during the negotiation but also during the drafting and analysis process of franchise contracts in order to establish an effective strategy to protect your interests. (See Negotiation and Drafting of Contracts – Dreyfus & Associés).
How to secure distinctive signs in franchise agreements?
In franchise law, an essential element of a franchise agreement consists of a trademark licence. Because of this licence, the franchisee is entitled to use the trademark, to sell its products and services, to promote its activity and to be recognized by customers.
Regarding the other distinctive signs that are part of the intangible heritage of a company, it is necessary to value and to secure them in the franchise agreement.
The Dreyfus team offers its expertise not only to the franchisee but also to the franchisor who needs to ensure:
We ensure that the franchise mark is registered for all the products and services for which the trademark will be used
Dreyfus ensures the protection of trademarks and other distinctive signs against third party attacks
- We register the contracts of trademark licenses with the National Institute of Industrial Property in order to make it enforceable against third parties
We verify whether a trademark is actually exploited in order to prevent the loss of rights for lack of genuine use.