Franchise

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Franchising is a commercial relationship in which the franchisor transmits to the franchisee his know-how and the right to exploit his distinctive signs (trademark, sign, concept…) to enable the franchisee to reproduce a proven commercial success.

Franchise law has many aspects, of which intellectual property law is an essential component.

Expertise in franchise law

Over the years, Bouchara & Avocats has acquired real expertise in the field of franchising by assisting its clients in both defending and protecting their rights and their creations that are the subject of commercial partnerships.

In addition to lawyers specialized in franchising, it is essential to call upon lawyers specialized in intellectual property and trademark law.

The required legal support of the franchisor in matters of intellectual property

The franchisor's distinctive signs have an important economic value for the franchisor insofar as they will be the first signs of rallying customers.

The franchisor’s intellectual property assets are the foundation of the entire relationship that will be created between the franchisor and the franchisee.

It is therefore imperative that the franchisor protect its brand, its concept and all its intellectual property assets before granting a franchise.

It is therefore strongly recommended that franchisors pay particular attention to these assets and use a lawyer specialized in trademark law, who will intervene alongside their franchise lawyer.

Protecting your trademark in franchising

The franchise agreement is based on the franchisee's right to exploit the trademark.

For the legal security of both the franchisor and the franchisee, it is necessary for the franchisor, who creates a franchise trademark, to guarantee the best protection for his trademark.

It is therefore imperative for the franchisor to proceed with the registration of his trademark to designate all the products and services that he intends to exploit under his trademark.

Our lawyers specialized in intellectual property assist and advise the franchisor in the registration of his trademark and in the follow-up of this registration. They also assist the franchisor in all contentious and non-contentious proceedings related to its trademark.

Indeed, franchise trademarks are subject to various attacks from third parties. It is therefore essential for the franchisor to monitor its trademark and to act against any infringement of its trademark rights by third parties.

Finally, our firm also assists the franchisor in all contracts relating to its trademark, and in particular in the context of the licensing of the franchise trademark.

Our lawyers take care of the follow-up of these contracts for the franchisor and in particular of the registration of these contracts with the competent Trademark Office in order to make them enforceable against third parties and to ensure that the franchise mark cannot be subject to a lapse action for lack of use.

Protecting your concept in franchising

A franchise is characterized by the concept of its points of sale, which is one of the elements of identification of the franchise for the customers.

The concept will then be duplicated by all its franchisees.

The franchisor must therefore ask himself the preliminary question “how to protect a concept” in order to authorize the franchisees to use the said concept in peace of mind.

We support the franchisor in the protection of his concept.

Indeed, the franchisor must be aware that the simple transfer, by his architect, of the material property of the concept does not involve the automatic transfer of all the exploitation rights that the architect holds on the concept.

It is therefore essential for the franchisor to obtain an assignment of the rights to the concept in order to be able to freely exploit the concept and allow its franchisees to do so.

Bouchara & Avocats is involved as soon as the franchisor orders the concept from its architect to supervise the assignment of the architect’s rights to the concept.

We also provide legal advice to enable the franchisor to eventually register the franchise concept, notably in the context of a soleau envelope or with a bailiff, or even as a design, if the conditions are met.