Brand name

n law, this is one of the intangible elements of goodwill, a sign of customer rallying.

The business sign is an extension of the trade name and constitutes the designation under which, apart from the name, the business is carried out and known to the public (designation that the trader affixes to his shop window, his delivery vehicles etc).

In a franchise, the franchisee’s outlet operates under the franchisor’s brand name and that brand name alone.

The use of the brand name is a key element of the franchise agreement; it is a distinctive feature of the network. Upon expiry of the franchise agreement, the franchisee is required to cease using the brand name (‘take down the sign’) so that all distinctive features of the network are removed.