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Key related franchise services

Formulating and implementing a national/international brand protection strategy

A core element of any franchise business is the brand and intellectual property rights. Field Fisher Waterhouse has the UK’s No.1 ranked trade mark practice. The Field Fisher Waterhouse franchise and trade mark teams therefore work closely together to formulate and implement a national and international brand protection strategy in the most cost effective manner. Being able to provide both services to clients “under one roof” saves businesses considerable time, effort and cost.

Based on our experience, we can identify through searches and working with our local agents, those countries where businesses may encounter problems for their brand, together with those territories where acquiring protection may have a number of obstacles or take a protracted period of time. We are therefore able to implement an appropriate brand strategy in conjunction with the franchise roll out strategy based on these factors.

Trade mark registrations and oppositions

As part of formulating and implementing the brand protection strategy, our trade mark team are able to apply for and register trade marks throughout the world. In addition our trade mark team can handle and manage any potential trade mark oppositions which are encountered thereby allowing businesses to focus its attention and efforts on developing and expanding.

Tax planning

As part of the structuring of a domestic or international franchise transaction or roll out, it is important to consider tax issues such as the payment of withholding tax on royalty fees and how the franchise structure and the tax treatment of franchise income and profit ties in with the business as a whole. Depending on the franchisors exit strategy it is important to structure the domestic/international franchise business in the most tax efficient manner. Field Fisher Waterhouse’s tax team can assist businesses and franchisors with their tax planning and tax structuring.

Exit strategies – franchise flotations, franchise network acquisitions and sales, MBOs, MBIs

As the franchise network begins to grow - both domestically and internationally one important issue for businesses and franchisors to consider and keep in mind, is the exit strategy, e.g. a flotation, a sale, a management buy-out or management buy-in. The issue of the exit strategy is something which ideally should be considered prior to the grant of franchise rights, as it will affect the structuring of the franchise and in particular key franchise documentation. Many franchisors and businesses do not however consider their exit strategy at the inception and therefore Field Fisher Waterhouse’s franchise team can assist businesses and existing franchisors (as well as businesses looking at franchising as an expansion vehicle) with restructuring their model in preparation for the appropriate exit. Field Fisher Waterhouse’s franchise and corporate teams are well experienced at handling such matters.

Real estate

For franchise businesses the real estate which forms part of the franchise network can be an extremely valuable asset or portfolio of assets. Field Fisher Waterhouse has a number of real estate experts who work closely with the franchise team and can therefore ensure any real estate issues are correctly dealt with, within the franchise context - in particular as part of the roll-out programme.

For further information regarding Field Fisher Waterhouse’s expertise in this area see our real estate section.

Data protection

Data, such as customer and marketing lists and items including customer satisfaction surveys can be extremely valuable franchise business assets. It is therefore important that data is handled correctly within the franchise relationship - particularly if data is flowing between international parties. Field Fisher Waterhouse has one of the UK’s leading data protection practices. The data protection team work closely with businesses and the franchise team to ensure that valuable franchise data is both correctly safeguarded and capable of use within the franchise business.

Employment

Within a franchise business there are likely to be key employment relationships. In addition where a franchise business is sold or transferred it is critical that all employees and employment rights are correctly dealt with. For more information regarding our employment expertise please see our employment page.

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