• To become franchisor

I have registered a partnership firm the denim store and wanted sale my brand franchisee in all states
Asked 6 years ago in Business Law

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7 Answers

1. It is not clear whether you ahve obtained copyright of the ' denim store' or not.

2.if you have no copyright and any other store having the similar brand name in sue prior to coming to your business then it may oppose you using the same brand name.

3.The matter would be more difficult if some other store has already have copyright of the name 'denim store'.

4.hence it is advisable that you register the name under Indian Copyright Act and then open the franchisee business.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

No specific permission needed. Your PAN, GST registration and other licences which you have are sufficient. Enter into franchise agreements with your business partners.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1) There is no legislation in India specifically related to franchising. As the relationship between a franchisor and a franchisee flows from a contract, in the absence of specific governing legislation, the law of contracts as embodied in the Indian Contract Act, 1872, and other allied Acts is applicable to a franchise

2) firm can protect their trade marks in India under the Trade and Merchandise Marks Act, 1958 (“TM Act”) by registering them under the prescribed class

3) You can enter into franchisee agreement with your franchise

4) The assignment agreement must be registered at the office of the Trade Marks Registry. By registering a user agreement, the owner prevents the user from getting a right to be the registered proprietor of the mark through use.

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Register your trademark and enter into assignment agreement with your franchisee

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

To the best of my knowledge No specific permision is required just mention the same in your MOA and AOA and comply with the tax policies.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Franchising your business is a proven route to rapid growth. But becoming a franchiser is not an automatic ticket to success, especially in this challenging economy.

If you're considering franchising your business, know that the process of becoming a franchiser is usually long and involves considerable cost.

Becoming a successful new franchiser entails making many thoughtful decisions early on that will affect your business for years to come.

Franchising is a special type of licensing arrangement where the rights to use the business model is supported by a licence to use intellectual property rights associated with that business.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

is any other specific permissions needed for selling my brand '' the denim store'' franchise

There is no specific legislation dealing with Franchising.

As per Finance act, Franchisee is granted representational right to sell or manufacture goods or to provide services or to undertake any process identified with the franchiser whether or not a trademark, service mark, trade name or logo or any such symbol as the case may be, is involved.

main practical issues concerning franchising, including current market activity; regulation of franchising; contractual issues relating to franchising agreements (including pre-contract disclosure requirements, formalities, parties' rights and obligations, fees and payments, term of agreement and renewal, termination, and choice of law and jurisdiction); Operations Manual; liability issues; intellectual property;

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

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