Franchising agreement and associate's trademark

[RestlineA]

(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:

(i) owned, used or licensed by the franchisor or an associate of the franchisor; or

(ii) specified by the franchisor or an associate of the franchisor; and

However, I do not quite understand: it turns out that the franchisor can not work under his own trademark, but under the associate's trademark. And he passes to the franchisee right for the trademark (which may belong to the associate) under the contract. Then how can a franchisor have the right to dispose of a associate's trademark? By what contract? Or anyway with what kind of relationship? On what grounds a franchisor can use a foreign trademark and then transfer it?

 

[Tim W]

I say this with all courtesy, and having regard to your earlier posts.

1. You are out clearly of your depth.
   
   
2. The kind of generalised help that we can provide here
   is not enough.for what you need.
   
   
3. Franchise agreements are written by the franchisor's lawyers,
   to protect the franchisor.
   As a would-be franchisee, you need fully considered,
   case specific, and above all, independent legal advice,
   from a lawyer who works in the field of franchising.
   
   
4. You are engaging a (series of) transaction(s) that will be
   among the largest with which you will ever be involved,
   and which will define your financial being for the remainder of your working life.
   
   
5. So please, get a lawyer and get formal advice, before you end up
   making a series of ill-informed choices with enormous consequences.