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Personal Brand & Positioning

Do you need a trademark before starting a franchise?

Answered independently in 2 episodes. Every line below is verbatim from the transcript, timestamped to the moment it was said.

Take it to the Next Level! How to become a successful entrepreneur in 2025
Undercover Boss and Franchising Maven with Jeff Dudan
The short answer

What the archive says

01If a trademark is merely pending you can still franchise with proper disclosure, but if it's denied or unavailable, plan on a rebrand — the equity is in the name at resale. source →

02Jeff's franchise screen: a brand should have at least five years of operating history and units doing $1M, preferably $2–3M, per location before franchising. source →

03Get a 'franchise guru' on the team or advisory board — someone who has done it before — because you can't afford mistakes with franchisees' money and time. source →

In their words

What was actually said

Can you start a franchise if you don't have a trademark on your name? Like is that just like is that like rule one?
Jeff Dudan · Take it to the Next Level! How to become a successfu (28:30)
You're making millions. You know that it's a, everything can be transitioned to a successful franchise. But smith fitness, what you started out with and what you built with just happens to be a non trademark.
Jeff Dudan · Undercover Boss and Franchising Maven with Jeff Duda (19:10)
The episodes

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