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Franchise vs License

Basically if a business entity and investment permits the use of a brand name, provide exclusive territories, regulate business activity and levee a penalty for noncompliance - the business is a franchise and subject to Federal Trade Commission regulations. Here are some details:

Franchise Structure

A franchise provides the right to display the brand, logo, trademark, name and image of the parent company. There is a well defined working relationship between the franchisee and the franchisor. Franchisors provide training as well as on-going support to the franchisee. The franchisor also retains control over the services and/or products that are offered by the franchisee in a defined territory.

License Structure

Licensing does not create a bond between the parent company and licensee. The agreement does not provide the right to the parent's brand, logo, trademark, name and image. There is no training or support provided by the parent company. Because the licensee is not using the company’s brand, the two work as a completely separate entities. Additionally, and possibly the most important, a licensee is not extended any territorial authority and their is no exclusivity. Therefore, the parent company has the right to licenses others in same region and/or enter the region themselves.

Summary Differences

Franchising provides a franchisee a complete blueprint, or duplication, of the parent company business. In exchange for the right to operate as a part of the same entity in a defined territory, the franchisor retains the right to have control of the way a franchisee operates their business. This protects the franchisor's name and brand equity. FRANCHISING: Same brand, logo, trademark, name and territory rights. LICENSING: No territory rights, training or support.

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