Franchise - Commercial Symbol of the Franchisor?

[RestlineA]

Hi!

I'm in the process of franchising. But now I have one problem.

The law of franchising specified (1) A franchise agreement is an agreement:

(a) that takes the form, in whole or part, of any of the following:

(i) a written agreement;

(ii) an oral agreement;

(iii) an implied agreement; and

(b) in which a person (the franchisor) grants to another person (the franchisee) the right to carry on the business of offering, supplying or distributing goods or services in Australia under a system or marketing plan substantially determined, controlled or suggested by the franchisor or an associate of the franchisor; and

(c) under which the operation of the business will be substantially or materially associated with a trade mark, advertising or a commercial symbol.

However, I don't understand and can't find what is meant by commercial symbol. It prevents me to create an agreement.


I would be very grateful for help!

 

[Rob Legat - SBPL]

In very basic terms it means that the franchise will operate under a single corporate identity. For example, McDonalds is a franchise and all McDonalds restaurants look practically the same - however they are (in part) all individual businesses run by franchisees. They are simply running under a 'trade mark, advertising or a commercial symbol'.

 

[Tim W]

In short and simple, a "commercial symbol" is any kind of symbol
(not just art, but including a word or a group of words) that identifes the business, product, brand etc,
even if it's not a registered trademark.

Franchising is full of traps for new players.
The advice of a lawyer who specialises in franchising - in particular, assisting would-be franchisees,
would be money well invested.
And if you can't afford that, then you can't afford to be going into a franchise.

 

[RestlineA]

In short and simple, a "commercial symbol" is any kind of symbol
(not just art, but including a word or a group of words) that identifes the business, product, brand etc,
even if it's not a registered trademark.

Franchising is full of traps for new players.
The advice of a lawyer who specialises in franchising - in particular, assisting would-be franchisees,
would be money well invested.
And if you can't afford that, then you can't afford to be going into a franchise.

Thank you!

I'm sorry, but I still don't quite understand a couple of points. What is the difference between a trademark and a commercial character? In fact, a trademark can also be of art and the word/group of words. And what law governs commercial symbol and where can I find a legal definition of a commercial symbol?

Thanks in advance for the answer!

 

[harryluther]

What is a Commercial symbol? Is it a logo of the company?

 

[Tim W]

It's any kind of symbol used in trade or commerce.
This can include a company logo, certainly.