In advising on business franchise arrangements, Soerensen Garcia draws on its extensive knowledge of trademarks and brand protection; designs and copyrights; patents for operating systems and machinery; trade secrets and know-how; and advertising and sweepstakes laws, as well as its experience with contracts, licenses, and regulatory requirements.
Our focus is on achieving the owner’s business objectives while protecting its intellectual property through some or all of the following:
- Evaluating and advising on suitable franchise or distribution structures, including fees, royalties, and the tax implications of the proposed structures;
- Negotiating and drafting franchise agreements, distribution and supply contracts and related documents;
- Developing and helping to implement mechanisms for the protection of trademarks, patents, trade secrets, and know-how;
- Preparing franchise operations manuals including branding policies;
- Advising on branding and proper use of the trademarks, trade dress, designs, and other intellectual property rights of the franchisor;
- Counseling on franchise development, including renewals, transfers, expansion of territories and exclusivity, and termination.