The long awaited dispute resolution provisions under the Franchising Code of Conduct (the Franchising Code) came into force on 2 June 2021.

So you've started your business, registered a business name and secured your website domain.

Have you protected your brand or business name? 

Registration of a business name, or the purchase of a domain name, does not stop other people from using that name. To protect your business name and any logo or representation that you are using, you need to register a trade mark.

A right of renewal in a franchise agreement is a right which gives you the option to "renew" the franchise agreement at the end of the term. [What is a franchise agreement?].

Not all franchise agreements contain a right of renewal.

Even if your franchise agreement contains a right of renewal you may not want to renew the franchise agreement. 

In Part 1 of our series "Can I Franchise my Business?" I covered foundational factors such as branding, consistent business systems and maintaining uniformity.

In addition to these foundational elements,  when considering whether franchising is the right growth option for your business, you must consider whether the business is profitable enough for a franchisee after payment of royalties, marketing levies and operating costs.

As a franchise lawyer, I see many people who are interested in using franchising as a growth strategy for their business.

When discussing whether franchising is the right growth strategy (rather than organic growth or licensing), one of the first topics I talk about is branding.

In this article, I'll cover a number of initial factors that should be considered when assessing the possibility of franchising your business (including branding).

But first, I examine what franchising involves and how it can facilitate the growth of your business.

From 1 April 2025 under the new Franchising Code, the Key Facts Sheet is no longer required to be provided  to a prospective franchisee.

The Federal Government released its response to the Fairness in Franchising Report on 20 August 2020.

If you are considering franchising your business or you are already a franchisor, we have set out some important considerations to building a successful franchise business.