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Clothing Trademarks

Ornamental Refusal? Wait… what? Is your apparel graphic a “brand identifier” or just decoration? An ornamental refusal is when the USPTO refuses registration of your trademark because the specimen submitted with your application shows the use of your mark merely as an “ornamental” or decorative use on the goods and not as a trademark to indicate the source of the goods. Trademarks are used to…

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3 Ways to Secure Your Initial Franchise Fees

To defer, or not to defer, that is the question. A blog on state registration financial assurance options. As most franchisors know, there are 14 states that require a registration of the Franchise Disclosure Document (“FDD”). Of these 14, nine states will review the franchisor’s financial statements and impose financial assurance requirements if the franchisor’s financial health is not up to…

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Non-Solicitation Provision In Franchising: Explained

What is a non-solicitation provision? A non-solicitation provision is an agreement that prohibits franchisees from lobbying or taking any employees from the franchisor or other franchisees. It’s also called a “no-poaching” provision. Why do franchise agreements have non-solicitation provisions? Each franchise system is unique, and it takes time to train employees to do things the “system-way.”…

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