This article focuses on the importance of trademarks in franchising, and the related popularity of franchising in Australia. According to the Franchise Council of Australia, there are more than 1,300 systems operating in Australia with nearly 100,000 individual franchise outlets employing nearly 600,000 people.
Trademarks are essential to franchising; Australia’s Franchising Code of Conduct regulates all franchise agreements and the conduct of each party to a franchise agreement. The Code also outlines the requirements for all trademarks, underscoring their importance in franchise agreements.
This article was originally published in the LexisNexis Australian Intellectual Property Law Bulletin Vol 33 No 9.