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Identify the mark, owner and permission
If a group company owns the brand, check the arrangement allowing the seller and operators to use it. The mark owner and franchise seller are not interchangeable simply because they share a parent.
Item 13 addresses principal marks, registration or application status, relevant disputes, limits and protection responsibilities. Read the terms about protecting or changing the mark as well as its recorded status.
Registration and clearance answer different questions
A registration or application record does not replace checking the intended U.S. use and relevant competing rights. Nor does a home-country certificate decide that U.S. question.
Obtain the relevant clearance assessment and permission for the proposed use before relying on the group’s history. None of these records guarantees that a challenge will never arise.
Scope
- This explains the selected federal disclosure item. State and territorial requirements and the terms of the particular offer remain separate.
Next step
Check the relevant U.S. position and the seller’s permission to grant use, including the stated protection and change arrangements.
Sources & review notes
Federal Franchise Rule
FTC overview · Compliance Guide · Guide PDF · Current regulation
Federal Trade Commission
Passage, dates and research notes
primary · Item 13: Trademarks
Disclose each principal trademark to be licensed to the franchisee.
Current substantive item read in full from current eCFR. This guide explains selected management implications; it is not a substitute for all prescribed disclosure text.
Federal Trade Commission
Passage, dates and research notes
primary · section-436.6
Respond fully to each disclosure Item.
Current eCFR displayed through 2026-11-09; eCFR is authoritative but not the official legal edition.
Detailed rule records (1)
Item 13 identifies principal trademarks, registration or application status and material disputes, limits and protection obligations. Home-country registration does not establish U.S. clearance. Registration status and freedom to use are related but distinct checks.
16 CFR §436.5(m): FDD Item 13Keep this reading in your learning library.
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