Florida Regulations 61G7-5.0034: Use of Franchised or Licensed Names
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Florida Statutes § 468.530(3), provides that: “”The board may not authorize the use of a name which is so similar to that of a public officer or agency, or of that held by another licensee, that the public may be confused or misled thereby.”” Recognizing the existence and reasonable purpose of franchising and licensing agreements under which more than one company, corporation, or other entity may be entitled to use the name of the franchisor or licensor, the Board hereby sets the following standards for the use of names under a franchise or licensing agreement:
(1) When more than one licensee is entitled to and wishes to use the name of a franchisor or licensor in the name of an employee leasing company, the name of the franchisor or licensor must be set out so as to make it clear that the two or more employee leasing companies are distinct and separate entities. Examples of acceptable names are:
(a) XYZ Employee Leasing Company of Daytona Beach.
(b) XYZ Employee Leasing Company of North Florida.
The difference in names between two or more licensees entitled to use the name of a franchisor or licensor must be plainly different and the differences must indicate a distinction in location or some other clear distinction.
(2) In any contract for the provision of leased employees to a client, a licensee whose name includes that of a franchisor or licensor shall plainly state in the contract that the licensee is independently owned and operated.
(3) Any advertisement by a licensee whose name includes that of a franchisor or licensor shall contain a clear and concise statement that the licensee or franchisee is a franchisee or licensee and is independent in ownership and operation from the franchisor or licensor.
(4) In all written communications between a licensee or franchisee whose name includes that of a franchisor or licensor and any person or entity, the form of the communication, for example, business stationery or a facsimile cover sheet, shall contain a clear and concise statement indicating that the licensee is an independently owned and operated franchisee or licensee of the franchisor or licensor.
(5) Any business cards, pamphlets, flyers, or other promotional material used by a licensee or franchisee whose name includes that of a franchisor or licensor shall contain a clear and concise statement indicating that the licensee is an independently owned and operated franchisee or licensee of the franchisor or licensor.
(6) The standards set out in this rule shall also apply to situations in which a group of unrelated companies wish to use a single name for marketing, and promotional or other cooperative purpose. Examples of acceptable names in this situation are:
(a) John Smith d/b/a AA Employee Leasing Company of Tampa.
(b) Carolyn Jones d/b/a AA Employee Leasing Company of South Miami.
(c) ZZZ, Inc., d/b/a AA Employee Leasing Company of the Keys.
(7) Licensees majority owned by the same ultimate parent, entity or persons, may utilize the same dba.
Specific Authority 468.522, 468.525(3)(e) FS. Law Implemented 468.525(3)(e) FS. History-New 5-26-96, Amended 9-5-04.
Terms Used In Florida Regulations 61G7-5.0034
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
(a) XYZ Employee Leasing Company of Daytona Beach.
(b) XYZ Employee Leasing Company of North Florida.
The difference in names between two or more licensees entitled to use the name of a franchisor or licensor must be plainly different and the differences must indicate a distinction in location or some other clear distinction.
(2) In any contract for the provision of leased employees to a client, a licensee whose name includes that of a franchisor or licensor shall plainly state in the contract that the licensee is independently owned and operated.
(3) Any advertisement by a licensee whose name includes that of a franchisor or licensor shall contain a clear and concise statement that the licensee or franchisee is a franchisee or licensee and is independent in ownership and operation from the franchisor or licensor.
(4) In all written communications between a licensee or franchisee whose name includes that of a franchisor or licensor and any person or entity, the form of the communication, for example, business stationery or a facsimile cover sheet, shall contain a clear and concise statement indicating that the licensee is an independently owned and operated franchisee or licensee of the franchisor or licensor.
(5) Any business cards, pamphlets, flyers, or other promotional material used by a licensee or franchisee whose name includes that of a franchisor or licensor shall contain a clear and concise statement indicating that the licensee is an independently owned and operated franchisee or licensee of the franchisor or licensor.
(6) The standards set out in this rule shall also apply to situations in which a group of unrelated companies wish to use a single name for marketing, and promotional or other cooperative purpose. Examples of acceptable names in this situation are:
(a) John Smith d/b/a AA Employee Leasing Company of Tampa.
(b) Carolyn Jones d/b/a AA Employee Leasing Company of South Miami.
(c) ZZZ, Inc., d/b/a AA Employee Leasing Company of the Keys.
(7) Licensees majority owned by the same ultimate parent, entity or persons, may utilize the same dba.
Specific Authority 468.522, 468.525(3)(e) FS. Law Implemented 468.525(3)(e) FS. History-New 5-26-96, Amended 9-5-04.