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Franchising and Licensing Two Powerful Ways to Grow Your Business in Any Economy_6

Tham khảo tài liệu 'franchising and licensing two powerful ways to grow your business in any economy_6', tài chính - ngân hàng, tài chính doanh nghiệp phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | 138 FRANCHISING AS A GROWTH STRATEGY The right to sue in federal court and obtain statutory remedies for infringement In foreign countries whose laws require prior registration in the home country a possible right to foreign registration Protection against federal registration by another identical or confusingly similar mark The right to use the symbol on goods or with services Registration on the Supplemental Register allows the owner of the mark to put the world on notice of his use and rights to the mark. Further registration of a descriptive mark on the Supplemental Register may be advantageous for a period of time while the mark s use is increased to the point where it becomes so substantial as to acquire secondary meaning. It is at this time that the mark may qualify for registration on the Principal Register. It may be advantageous for a start-up franchisor to take advantage of registration on the Supplemental Register if registration is denied on the Principal Register until a few franchises are sold and the mark through increased use gains secondary meaning. This would bolster the marketability of the franchises much more than would an unregistered trademark licensed by the franchisor. Overview of the Registration Process Prior to the passage of the Trademark Law Revision Act of 1988 TLRA a trademark owner was eligible for federal registration of his trademark only if the mark had actually been used in interstate commerce. This requirement was different from that of most other countries which generally allow a company to register a mark even if no actual use had been established. This means that a substantial amount of time and expense might be invested in a proposed trade identity for a new product or service with virtually no assurance that the mark could ever be properly registered and protected. Under the TLRA a franchisor may file an application to register a trademark based on actual use or upon a bona fide intention to use the mark in interstate .