What are Descriptive Trademarks?

So you’ve just been told that you may not be able to register your trademark because it is “descriptive.” What does that even mean? It’s my mark, why am I not allowed to register it? The best place to start is with a quick overview of trademarks. A trademark can be classified into five different categories based on their distinctiveness: (1) generic; (2) descriptive; (3) suggestive; (4)…

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One of my franchisees wants to sell their business. What should I do, and what should I avoid?

Franchisors expect franchisees to remain in their system. The franchise relationship is built through significant effort by both franchisors and franchisees over a long period of time. Franchise relationships often last 30+ years. However, at some point, that relationship has to end in some fashion. The franchised business can close, the system can shut down, the relationship could be terminated,…

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Why 9 30 is a better fiscal year end than 12 31 900x785 1

Did you know that your fiscal year can affect your franchise sales?

Check out our latest franchise question to find out why:  https://drummlaw.com/blog/franchise-question/choosing-a-fiscal-year-end-for-your-franchise-company/  

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The franchisee breached their agreement. Now what? The default seems plain enough, so why would I need a lawyer’s help?

So, your franchisee has breached the terms of their franchise agreement. What do you do next? While their breach may be cause for termination, you shouldn’t rush into any conclusions.  Otherwise, you could be making a misstep. First, consider whether a lawyer or compliance manager is needed.  Not all defaults are equal.  Some might require a simple phone call to fix.  Others might require a…

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Item 19 FDD 101: What You Need to Know to Franchise

You should have a Financial Performance Representation, or Item 19, in your Franchise Disclosure Document. The FPR is the first step in the communication process between you and your potential franchisee regarding the revenue or profits of the franchised business. Here is what you need to know about item 19 in FDD. Why Item 19 is Important Accurate representation of your franchised business in…

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Buying an Existing Franchise: Everything You Need to Know

Congratulations! You have leaped into the world of franchising and buying an existing franchise. Here is how a franchise attorney can help you to prepare all the documents and solve legal issues. Do You Need a Franchise Lawyer to Buy a Franchise? A franchise lawyer will help you every step of the way in deciding whether or not to buy a franchise. The first order of business is to help you read…

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Do You Need a Franchise Contract Lawyer to Buy a Franchise?

Yes, you should enter into a contract agreement with a franchise attorney by your side. The particulars of the FDD and Franchise Agreement require someone who can understand the legalese and help you avoid problems even before they arise. Although there are many great lawyers worldwide, you will want someone on your side who can comprehend all the legalese. Here is why you need a franchise…

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Owning Multiple Franchise Explained

You have probably heard the phrase “there is safety in numbers.” And this is true, even if you are talking about numbers of franchises. A clever business person can certainly own more than one franchise, and there are several ways to go about this. Multi-Unit Franchise A multi-unit franchise is one in which the franchisee agrees to purchase and run several (or many) franchises of the same type.…

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Commercial Lease Negotiations: Can a Franchise Lawyer Help?

If you want to open a retail franchise, you will likely need to lease some commercial space. And as with anything, you will want to get the best terms for your deal that you can. Hiring a seasoned attorney will give you a stalwart defender who will be by your side and support you in all retail commercial lease negotiations. Though a franchisor will give you all the tools of the trade, and you…

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Why Have an Item 19 in Your Franchise Disclosure Document

No one wants to air their dirty laundry in public, but having an accurate Financial Performance Representation in your Franchise Disclosure Documents will help your franchise rather than hurt it. You don’t need to fudge the numbers and make everything look perfect; that is simply not realistic. Certainly there are gray areas in an Item 19, and that is where Drumm Law can help, as we specialize in…

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