When you discover that a competing brand already owns trademark rights in your target market, you are dealing with a territorial trademark conflict. Because trademark rights are jurisdiction-specific, you must follow a structured approach to determine whether expansion is possible and on what terms. Below is a step-by-step framework used by franchisors, global brands, and IP attorneys. 1. Determine the Type and Strength of the Other Party’s Trademark Rights Trademark conflicts are not all equal. Start by determining: Is the mark federally registered? - In the U.S., a USPTO federal registration gives nationwide priority. - In other countries, national registration gives strong exclusivity. Is it registered only regionally/state-by-state? - In the U.S., state-level registrations exist, but are much weaker than federal registrations. - In some countries (Canada, India, EU), federal registration is required and regional registration is limited. Is the owner using the trademark in commerce? - Non-use can weaken or void rights. - Many trademarks are abandoned after a few years. Why this matters:You may be able to prove: - The other party has not used the mark, - Has abandoned the mark, or - Only has limited jurisdictional rights. This can open the door to filing your own application or negotiating a coexistence agreement. 2. Conduct a Full Clearance Search (Not Just a USPTO Search) A true clearance search checks: - Federal USPTO database - State trademark databases - Common law use (websites, social media, business filings, retail presence) - Domain names - WIPO/International registries (if expanding globally) This creates a complete picture of real risk. A competitor may own a registration but: - Not use it consistently - Use it in an unrelated category - Operate in a geographic area where confusion is unlikely These facts matter when you negotiate or litigate. 3. Assess Your Options Based on the Risk Level Once you know the full story, there are five main strategic options:

A step-by-step guide for franchisors and franchise development teams A Discovery Day is one of the most important steps in the franchise sales process. It is typically the final stage before awarding a franchise and gives both the franchisor and the prospect a chance to evaluate cultural fit, operational alignment, and commitment. A great Discovery Day should do three things: 1. Educate the prospect on the business model and support systems. 2. Demonstrate the professionalism, culture, and leadership of the brand. 3. Build confidence so the prospect feels ready to move forward. Below is a full framework for executing a successful event. *Check out the Voda Restoration Franchise Video, Great franchise system doing a strong brand presentation. SECTION 1 — Pre-Discovery Day Preparation 1. Pre-qualify the prospect thoroughly You should confirm: - Financial qualifications - Geographic interest - Operational capacity - Timeline for investment - Understanding of the franchise model By the time they attend Discovery Day, they should already be 70–80% ready to buy. 2. Set expectations clearly Send a Discovery Day Packet that includes: - Agenda / timeline - Dress code - Location and parking info - Leadership bios - What to bring - Final steps after Discovery Day This eliminates uncertainty and increases professionalism. 3. Internal team preparation Your team should know: - Who’s attending - Their background - Their timeline and interests - Any objections previously raised Great franchisors enter the day prepared and aligned. SECTION 2 — Discovery Day Agenda Structure A strong agenda flows like a story. Here’s the ideal sequence: 1. Warm Welcome & Brand Introduction - Greet prospect personally - Offer coffee, branded materials, tour badges - Provide a relaxed onboarding conversation Goal: Establish rapport and comfort. 2. Leadership Introductions Each leader gives a short background: - Founder story - Mission and vision - Why franchising? - Commitment to franchise success