I am opening a Bakery that is a m odern day confectionary which specializes in c

Question

I am opening a Bakery that is a modern day confectionary which specializes in cakes, cookies, and most importantly, original brand of chocolate, Road Candy ™, which holds a U.S patent. i intend to create a franchise based off cakes and chocolates. Please help me with the below.

Describe any LEGAL / REGULATORY CONSIDERATIONS that would apply to your product or service. This would include existing or pending legislation (statutory) or industry self-regulation, licensing, labeling, local and state codes, liabilities, patents, warranties, guarantees, embargos, quotas, import duties, etc. Anything that might cause difficulties in marketing your product, service, etc. that you will have to deal with and overcome.

Explanation / Answer

There are many rules and regulations that should be kept in mind while taking a franchise. Some of such regulations are as follows:-

1) The person who own the business would see if there are any pendinf legal proceedings agianst the person who wants to take the franchise. He will also observe whethersuch person has defaulted in payment of any loand and interest thereon.

2) The industry law of the land will be adhered to while making an agreement of franchise.

3) The labelling of the products should be same or sor some what similar to the original product as this would lead to better identification of products.

4) The patent or guarantee agreement must be kept up to date, that is it mustn't be expired.

5) The person taking the franchise will be liable to pay to the franchisor some annual payment which will be decided prior to fixing the agreement on franchising.

6) Trade barriers or other embaroes should be examined so that it wouldn't affect the marketing of the product.

7) The duties which are imposed according to the law of the land must be seen before marketing such product so that any legal problems can be avoided in the future.

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