Register a Corporation or LLC and apply for the EIN.
- Analysis of the corresponding class type.
- Complete the application for the registration of the trademark as a standard character and a special form.
- Brand presentation report.
- Answer the actions related to the registration process.
- Sending the certificate after approval.
Drafting of a franchise contract in Spanish where all the rights and obligations of the parties are established. Some key points to know about the franchise agreement are:
- The franchisor provides as the owner the intellectual property rights that are the object of the contract and assigns them to the franchisee in a non-transferable way so that he can act under its brand and can use its logo, its brand and its operating system for a specified time.
- The franchise agreement must include the way in which the franchisor is going to help and transmit its knowledge to the franchisee. In the same way, the instruments through which this transmission of knowledge will materialize must be collected.
- It should be established in the initial training contract and the terms in which the subsequent assistance will be provided to the franchisee.
- The area or geographic zone where the franchisee can exploit the franchisor's brand and develop or sell its products must be established, in this way the franchisee ensures that it does not have direct competition in the same area.
- In most cases, the franchisee acquires the products only through the franchisor or a dealer authorized by it.
- The quality control and management systems that the franchisor will exercise over the franchisee must be addressed to ensure that the obligations contained in the contract are met. Especially those related to the payment of royalties, the corporate image, the supply system and the improper use of the brand.
- Although there is no standard for the duration of a franchise agreement. The most common are usually contracts of between 5 and 10 years in length. It should be taken into account that the duration of the contract must be greater than the amortization time of the investment by the franchisee.
- The financial obligations of the parties must be clearly set out in the contract. The most commons are:
- The entry fee, which is the single payment at the time of formalizing the contract.
- The Royalties that are the monthly or periodic payments that are established in concept of belonging to the brand, advertising and other concepts. They can be set as a fixed payment or a variable percentage based on the franchisee's earnings.
Drafting of a franchise operations manual in Spanish which establishes how to carry out the business in a very complete way. The operations manual is also part of the franchise contract, defining and controlling the way in which the business should be run. Some key points to know about the franchise operations manual are:
- It will include a series of introductory remarks to explain the nature of the business and to summarize very generally what each franchisee and franchisor should expect from each other.
- A more detailed description of the operating system, explaining how it is configured and how the different constituent elements must fit together.
- A section that deals with the equipment required to run the business, describing the specific parts needed, how to use them, and how to troubleshoot problems that may occur.
- How to work in relation to personnel, accounting, customer service, advertising and promotion, product preparation, pricing and purchasing policies, inventory control, insurance and the payment of necessary fees.
- A directory of contacts within the company, as well as contact details of authorized suppliers, service centers, etc.
What must the customer provide?
- Complete information, both the owner of the brand and its representative.
- Signed letter authorizing us to carry out the requested steps.
- Complete information about the business you want to franchise.
- Any specific information that you want to be included in the contract.
- Any specific information that you want included in the operations manual.
- Evidence of the use of the trademark or its intention to use it.
- IMPORTANT: The registration fee varies from $ 225 to $ 400 per class.
- IMPORTANT: The payment for registration is the responsibility of the client and he must provide us with the information of the card from which the debit will be made.
- IMPORTANT: If the client does not have a card to make the debit, we will send him an invoice through paypal which will include a service charge equivalent to 10% of the government cost.
- Up to 3 draft contracts will be sent to you for evaluation. Each additional draft correction will be billed at $ 75.00 each.
- Up to 3 drafts of the operations manual will be sent to you for evaluation. Each additional draft correction will be billed at $ 75.00 each.
Our company does not guarantee the final approval of the trademark application. Approval rests exclusively with the corresponding government entities. Prices do not include fees and costs charged by third parties or government entities and do not include legal fees. Prices do not include legal representation.
All the evidence to prove the use or the intention to use the trademark will always be provided by the client, as well as the payment for registration.