CHAPTER 8Protecting the Intellectual Property of the Franchise System

At the foundation of every successful franchise system is the franchisor’s intellectual property that has been developed, improved, and expanded over the years to create a unique concept, product, or service readily identifiable by consumers. The intellectual property of a franchise system consists primarily of (1) trademarks and service marks, (2) trade secrets, (3) copyrights, and, in some cases, (4) traditional and business method patents.

This chapter first examines the basics of understanding and protecting these key intangible assets. The second part focuses on building systems to better manage these assets.

Trademarks and Service Marks

A trademark or service mark is ...

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