Protecting intellectual property (IP) is vital when franchising your business. Your IP makes up your unique brand and constitutes much of the value of your enterprise.
Hutchinson Thomas / For business / Intellectual property in franchising
Our franchise team includes solicitors with extensive experience in intellectual property law. We’ll work with you to:
• Identify all of your IP assets
• Ensure appropriate protection is in place
• Draft robust franchise agreements to control IP use
• Prevent misuse of your brand and materials after a franchise ends
As accredited members of the British Franchise Association (BFA), we uphold the highest standards of ethical franchising and legal practice.
To protect your IP, you first need to know what you own. This may include:
• Trademarks and logos
• Copyrighted materials (e.g. manuals, website content, marketing assets)
• Patents and registered designs
• Software, databases, and domain names
• Confidential information, trade secrets, and know-how
We’ll help you conduct a thorough review of your current and future IP to ensure nothing is overlooked.
Some IP can be formally registered—such as trademarks and patents—while others, like copyright and confidential information, require different forms of protection.
We’ll advise you on:
• Registering trademarks and other registrable rights
• Marking and managing copyright-protected materials
• Drafting confidentiality clauses and non-disclosure agreements
• Ensuring your franchise agreement includes enforceable IP protections
Your franchise agreement should clearly define how your IP can be used by franchisees, both during the term of the agreement and after it ends. This includes:
• Permitted use of branding and materials
• Restrictions on copying or adapting your content
• Post-termination obligations to prevent misuse
• Clauses to prevent franchisees from competing using your IP
We’ll ensure your agreement strikes the right balance—broad enough to protect your interests, but not so wide that it becomes unenforceable.
• Deep expertise in both franchise law and intellectual property
• Commercially focused advice tailored to your business
• Integrated support across employment, commercial, and property law
• Recognised in The Legal 500 and awarded the Law Society Mark of Excellence
Our specialist commercial lawyers offer a one-stop-shop for legal advice for all types of business – from start-ups to established companies.
All of our lawyers are specialists in their area of law. Book in for an initial discussion where we will discuss all of your options with you.