Learn about the major difference between franchising and licensing and why to choose one of the two. 

Overview

Licenses and franchises are business agreements. However, both of them are slightly different from one another. 

The Franchise Business is compliant with the Federal Trade Commission’s franchise rules and must be compliant with state law.

Meaning of Franchising

If you want to eat pizza instead of the homemade pizza offered by your mother at home the obvious options that come to mind are Pizza Hut, Domino, and more.

These stores sell a surprising variety of high-quality pizzas. They made a name for themselves in the industry by selling pizza exclusively. In addition, there are typical dishes that cannot be served by other pizzerias on the market. As a result, they enjoy their reputation in the pizza market.

Due to these characteristics, Pizza Hut / Domino’s cannot enter into license agreements with stakeholders and cannot allow them to sell pizza recipes using their names. Instead, brand equity, built after years of struggle, is at stake for these niche companies. Therefore, they conclude a franchise agreement. Others can use their names to learn technical know-how, art, skills, and knowledge, and make products in the same way they make products in exchange for loyalty.

Hence, A franchise is one party (hereinafter referred to as a franchisor) that operates the business as an independent branch of the other party (hereinafter referred to as a franchisee) using its brand name or business model for a fee. It is an agreement between the two parties that allows this.

Meaning of Licensing

Take Walt Disney as an example to understand licensing. They are the registered owner of cartoon characters such as Mickey Mouse and Donald Duck. These characters are the result of the imagination of artists who are popular all over the world today.

Many items, such as bags, cups and bottles, carry these marks. Currently, Walt Disney is not the only manufacturer of this product. Therefore, anyone other than Walt Disney who manufactures these products agrees to acquire the right to use these characters in the goods and sell the same in return. This type of contract is called licensing. 

Advantages and Disadvantages of Franchise and Licensing

In order to understand the difference between a franchise agreement and a license is the initial step in understanding which one will be the correct business prototype for you. It is also helpful to understand the details of licenses and franchises.

Advantages of Franchising 

One of the benefits of turning into a franchisee is that you have all the assistance of being an independent business owner without the menaces involved with the starting of a new business. Franchises have the advantage of being an established business model with a trusted and happy customer base. 

Buying a franchise is often much less hazardous and costly than starting a new brand from scratch.  Franchises also have the benefits of interrelationships. Franchisors can instead grow their business quickly while minimising some of the work the franchisee does. In addition, franchisees work with franchisors to run their businesses and learn business skills they may not yet know.

One of the great advantages of franchises over licenses is the deepness of the association between the franchisee and the franchisor. Franchise agreements are complex, but they also offer a wide range of possibilities.

Disadvantages of Franchising 

One of the disadvantages of being a franchisee is the lack of control. It’s your business, but the most important business decisions need to be made by the franchisor or at least accepted by the franchisor. While this support helps you learn how to do business, it can also, at times, give a feel of micromanagement to experienced business owners. 

Nevertheless, this control is beneficial to the franchisor, as the franchisor can decide how to use the brand. Compared to the license, the franchise looks a lot more expensive and complex. Initial franchise prices can range from $ 10,000 to $ 50,000-there are ongoing charges to consider. We can take some franchise examples for reference such as KFC Franchise Cost and Bata Franchise Cost.

That may seem exorbitant, but it’s important to remember that you have access to the entire company. In contrast, license agreements only give you access to use a particular brand in a particular way. Therefore, licenses are cheaper and less complex, but they have much less access.

Advantages of Licensing

One of the benefits of a license is the freedom of the licensee. Generally, a license agreement is made between two established companies. Licensee acquires the right to use its own mark, which has already been recognised and valued by the built-in fan community. 

This makes licensing a safe investment and a great way to boost your business: https://www.mca.gov.in/MinistryV2/incorporation_company.html. Another good aspect of licensing compared to franchises is the simplicity of the deal. The license agreement covers only the use of one (or several) trademarks, so the agreement is fairly simple and straightforward.

Disadvantages of Licensing

The main drawback of licensing is limitations. The license only gives you the right to use certain protected trademarks, nothing more. This limits the agreement, but this could be all of your business needs. When signing a license agreement, it is also important to make sure that you have taken these steps to protect your intellectual property. Another drawback of licensing is that many people don’t understand what exactly is the purpose of licensing.  

There is a lot of confusion about when to create a license agreement and when the license agreement crosses the legal boundaries of the franchise. Always consult a knowledgeable lawyer before signing a license or franchise agreement. 

Licensing and Franchising: What’s the Difference?

A license is an agreement between the licensor and the licensee, the latter party acquiring the right to use the product and goods while retaining ownership of the licensor. In contrast, a franchise is an agreement between a franchisor and a franchisee, and if the franchisor has tight control over the process, the franchisor is entitled to do business on behalf of the franchisor in return for a fee. 

Therefore, it is generally assumed that a license applies to merchandise or a product. Franchise models, on the contrary, are more used in the service sector.

Why Choose Licensing and Franchising?

Expanding the market is the greatest advantage of franchises and licensing, and these contracts may be able to generate more revenue. Both business owners and individuals looking to enter a profitable market can benefit from franchises and Trade licenses.

For example, licensing a product can increase its exposure, allowing licensees to sell the product without worrying about design or manufacturing. Licenses and franchises help you enter new markets that may not be accessible otherwise.

Is Franchising or Licensing Right For Your Business

When determining the most suitable path for your business and weighing the options between franchising and licensing, it is essential to take into account the unique requirements and objectives of your business

If you are considering becoming a franchisor or licensor, it is crucial to assess the strength and recognition of your brand, as well as its profitability. If your brand is well-established, widely recognised, and generates substantial profits, it may thrive as a network of branches or on various products beyond your current offerings. 

In the case of a service-based company, franchising could be the ideal choice, while for a product-based company, licensing might be more appropriate. In both scenarios, it is advisable to seek the expertise of a trademark lawyer to safeguard your brand’s intellectual property, followed by consultation with a business attorney to delve into the specifics of expanding your brand.

From the perspective of a potential franchisee or licensee, your business’s current stage should be a significant consideration. If you operate a successful product-based business and are prepared for expansion, entering into a licensing agreement with a well-known brand can be a rapid growth catalyst. On the other hand, if you are aspiring to start a business with the security of an established brand and desire hands-on guidance, franchising represents the most advantageous option.

Conclusion:-

Licenses are a subset of Owners law. In short, a typical franchise agreement involves a number of license agreements to transfer the use of intellectual property rights. However, franchises are a much broader concept because they consist of more sophisticated management by franchisors. 

Overall, both formats are fairly safe and legitimate ways of doing business, as they are built on a solid foundation of brand equity associated with the product. In addition, it can be used as a launchpad for potential new entrants to access an already saturated market.

Frequently Asked Questions