28 LAWYER MONTHLY DECEMBER 2024 It is vital to ensure [the Franchise Agreement] accurately reflects the realities of that relationship. Additionally, the dispute resolution provisions are integral because they become crucial in the event of a dispute. beginning to franchise. Ideally, the franchisor would have obtained federal trademark protection before starting the franchising process. At the very least, it should have applied for that protection. This strategy is even more critical when expanding internationally. What legal factors must be considered when a franchise is transferred or sold, and how can franchisors ensure continuity and protection of their brand through such transitions? The franchisor must conduct its own due diligence to ensure the buyer is a good fit for its franchise system and is qualified to operate the franchised business.
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