1. Protecting the franchised brand Horst Becker Ariathes

2. Protecting the franchised brand  The trademark is a core element of the franchise system!!  There is no franchising without trademark!! © 2014

3. Who should take the lead? Franchisor should consider itself responsible for: (i) trademark registration (WIPO, OHIM, national IP offices); (ii) defense of the trademark; and (iii) registration and defense of domain names © 2014

4. Defense of the trademark Action against infringers Infringement actions by third parties against the franchisor and/or the franchisee © 2014

5. Action against infringers Screening the market for infringers Legal action against infringer © 2014

6. Screening the market  The franchisor and the franchisee should do it  Franchisee should be obliged to report © 2014

7. Legal Action against infringers  Franchisor should take the lead;  Franchisee should assist;  Check national provisions concerning the right to claim;  Damages: Joint action by franchisor and franchisee is advisable © 2014

8. Infringement actions by third parties  Often such an action is directed against a franchisee;  Franchisor should take the lead nevertheless:  as an intervenor; or  by paying and instructing the franchisee‘s attorney © 2014

9. Registration and defense of domain names Registration is a task of the franchisor Defense against infringers:  WIPO UDRP-procedure © 2014