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FRAN211

Broad Market Low variety within product lines


MIDTERM REVIEWER
High level of customer traffic General Image
One-stop shopping Some disappointed customers
CO-BRANDING Emphasis on convenience Reduced customer loyalty
 It occurs when two brands are combined in a business offering. customers
 Each brand expects the other to be strong and will draw
customers who have brand preference for the other brand. 8 STEP PROCESS IN CHOOSING AND EVALUATING A CO-BRAND:
 According to Ellen Shubart, co-branding columnist for Franchise 1. Identify your positioning strategy for your local market.
times, “No one is keeping tabs on the precise numbers, but 2. Contact industry insiders to learn more about the nature of co-
growth in co-branded franchises appears to be higher than branding.
growth in franchising alone.” 3. Define exactly what you want to do in terms of your co-
 BRANDING: A franchisor’s brand name is a critical element in branding partnership.
the chain’s success as its prominent display at each outlet 4. Meet with principles from the second brand, as well as your
signals to potential customers consistent quality at a given first brand.
price-level. 5. Perform feasibility analysis to determine the potential return on
 BRAND – is a name, term, sign, symbol or design or a investment.
combination of them intended to identify the goods or services 6. Make decision to co-brand or not to co-brand.
of seller or group of sellers and to differentiate them from 7. Negotiate contract with second franchise system.
those of competitors. 8. Renegotiate contract with your first brand if necessary.
 A brand then can be a trademark, name, logo, or symbol
representing the franchise. Once a franchisee decides that co-branding is a viable option for a
 The idea behind co-branding is that several brands can given unit or multiple locations, the franchisee has several
command more power through customer awareness and traffic FORMATS. The following are frequently cited formats:
than a single brand-name operation.
 SINGLE FRANCHISEE/SINGLE FRANCHISED
BRAND/ADDITIONAL NON-FRANCHISED BRAND – occurs when
BRAND EQUITY (4 dimensions):
a single franchisee obtains the rights to distribute a second
o Brand Loyalty
(non-franchised brand)
o Brand Awareness
 SINGLE FRANCHISEE/DUAL FRANCHISED BRANDS – Occurs
o Perceived quality of brand
when a single franchisee obtains the rights to franchise a
o Brand Association
second system.
 DUAL FRANCHISEES/DUAL FRANCHISED BRANDS – occurs
EMERGENCE OF CO-BRANDING:
when two local franchisees decide to coexist and build their
The following are the most common motivational factors
stores together.
among franchisors and franchisees:
 MATURE MARKETS – provides little opportunity for sales and PORTFOLIO MANAGEMENT OF MULTIPLE BRANDS – occurs when a
profit growth through traditional outlets. franchisee brings together numerous franchise systems to provide a
 LABOR SHORTAGES – as the franchise world begins the twenty- comprehensive and market- tailored opportunity at the retail level.
first century, it faces unprecedented labor shortages to
continue in the future. Ex. HMS host corporation is the leading provider of food, beverage,
 LAND SHORTAGES – location is often the key to reaching the and retail concessions in travel venues in the world. The company
desired target market. Retail sites that were previously passed currently holds licensing and franchising rights to over 100
over by a franchisor because they were too large or internationally and regionally known brands representing franchisors
inappropriate becomes feasible with co-branded units. from the United States as well as Europe, Canada and orient.

THE BASIC PROS AND CONS OF CO-BRANDING:


 SINGLE BRAND OFFERING: TRADEMARKS, COPYRIGHTS, PATENTS, AND
ADVANTAGES DISADVANTAGES TRADE SECRETS

Specialist image No-one stop shopping Introduction:


Good customer choice Too much emphasis on one category  The term INTELLECTUAL PROPERTY describes a collection of
category More susceptible to trends intangible rights, including trademarks, copyrights, patents, and
Specialized personnel Greater effort needed to enlarge the
trade secrets. These are intangible assets that are formed not
Customer loyalty size trading area.
of bricks and mortar, but are expressions of the human
 MULTIPLE BRAND OFFERRINGS imagination.
ADVANTAGES DISADVANTAGES
 If handled properly, ownership of these forms of intellectual Example: Honey baked ham, Select Registry
property will be protected by the law, as the other forms of  GENERIC TERMS – Can never become trademarks. These are
private property. dictionary words or other common expressions that describe in
 The intellectual property rights are the basic legal building common fashion of a product or service.
blocks of a franchise system. Example: Sandwich, Bed, Table

BRIEF DEFINITIONS ON TYPES OF INTELLECTUAL PROPERTY: PROPER USE OF TRADEMARKS AND SERVICE MARKS:
 TRADEMARK – is a word, name, phrase, symbol or in some 1. DISTINGUISH THE MARK FROM ITS SURROUNDINGS –
cases a design that is used by a manufacturer or merchant to trademarks are special terms, not ordinary words.
identify and distinguish its goods from those sold by others and Correct: “You can’t go wrong with Tide powder.”
to indicate the source of the product. Incorrect: “Tide powder last a long, long time.”
 SERVICE MARK – is the same as a trademark but identifies an 2. USE ONLY AS AN ADJECTIVE – never as a noun, verb or adverb.
intangible service of a product. Correct: “Please pass those delicious Goldilocks cake.”
 COPYRIGHT – is a property right provided by the government in Incorrect: “My hair was Ajaxed until it took on this wonderful
an original work of authorship that is fixed in a tangible form. time.”
 TRADE SECRET – is confidential business information that is 3. USE NOTICE SYMBOL – your trademarks should carry the
treated in a confidential or secret manner and that would have appropriate notice.
independent economic value if it were in the hands of a TM – Can be placed on any trademark as soon as it is used as a
competitor. mark. You need no registration of the mark to display.
 PATENT – is a protectable property right granted by the ® - Indicates that the mark has been registered with the
government that protects an invention, new device, or Intellectual property office of the government.
innovation.
COPYRIGHTS
TRADEMARKS
 Copyright laws protect the rights of the authors and creators of
 It is used by a manufacturer or merchant to identify and
writings, artworks, crafts, materials, brochures, sculptures,
distinguish its goods from those sold by others and to indicate
plays.
the source of a product.
 Computer software, motion pictures, sound recordings and
Example: works of architecture.
 XEROX is a registered trademark of the Xerox  It is provided by the government in an original work
Corporation, and is used by that company to identify of authorship that is fixed in a tangible form.
its famous copier machines and other products and  An author cannot protect ideas, but can claim
services. copyright in the original expression of an idea.
 The mark PIZZA HUT is used by its owner, PepsiCo, to  WHEN SHOULD AN AUTHOR REGISTER A COPYRIGHT?
identify the restaurant services of its pizzas. Registration of a copyright is done with the copyright office
 A TRADEMARK or SERVICE is not always limited to a word or under the intellectual property rights office of the government
name or phrase. by submitting the work in an application form.
 The distinctive logo such as the famous golden aches of the  HOW LONG DOES THE REMAIN IN EFFECT?
McDonalds Corporation. The copyright remains in effect for the life of the author, plus
5oyears following the death of the author. The copyright will be
SELECTION OF A TRADEMARK: effective for seventy-five years from the date of publication.
 FANCIFUL OR COINED TRADEMARKS – the courts will provide
these marks the greatest protection. TRADE SECRETS
Example. Kodak, Olympus for Cameras, Petron, Caltex, Shell,  If a business has particularly sensitive and important
Sea oil, Unioil for petroleum products information that it does not want to fall into the hands of the
 ARBITRARY MARKS – Aslo considered as strong marks and are competitors, the law on trade secrets will provide protection.
dictionary words that have been used arbitrarily to identify the  A trade secret is generally defined as information, including
products and services. formula, pattern, compilation, device, method, process.

Example: Camel for cigarettes, Apple for computers by Apple


PATENTS
computer Corp., Colgate by Colgate - Palmolive Philippines
In exchange for revealing publicly how the invention works, society
 SUGGESTIVE MARKS – describe a feature or quality of the
grants the inventor up to twenty years in which to exclude others
product or service. But require some imagination to make the
from making, using, or selling, offering to sell or importing the
connection.
invention in the Philippines.
Example: Mustang (Automobiles), Ivory (Soap)  What can be patented?
 DESCRIPTIVE MARKS – which merely describe their goods or
service, are weak marks. Little protection from courts.
 Whoever invents or discovers any new and useful process, ownership, obtain service and maintenance agreements
machine, manufacture of composition of matter, or any useful from the lessor.
improvement.
 Must be new. EQUITY FINANCING:
 Must be useful.  STOCK SALES – a franchisee may obtain long-term financing by
 Must be non-obvious to one of the ordinary skill in the art to selling stock to family and friends through public offerings. The
which the subject matter pertains. stockholders become the actual owners of the corporation or
franchise.
 COMMON STOCK FINANCING – the franchisee obtains funds
FRANCHISING YOUR FRANCHISED BUSINESS necessary to start the franchise.

PARTNERSHIP – desire of the individuals to work together to


FINANCIAL OBLIGATIONS OF THE FRANCHISEES:
contribute certain initial capital for anticipated outlays. All
 Franchising fees
general partners may act as agents or representatives of the
 Royalty fees
franchisee.
 Advertising fees
 Training fees
CAPITAL INVESTMENTS:
 Other fees
• TERM LOANS – debt instruments providing a fixed sum of
FINANCIAL RESOURCES OF FRANCHISEES: money, with interest and principal repaid over a defined period
(Debt Financing and Equity Financing) of time.
• Equity Financing – is selling the ownership of the company to • CONVERTIBLE BOND – conversion of bond into shares of stocks
other investors. (common shares)
• Debt Financing – generally involves short-term debt incurred to • BOND WITH STOCK WARRANT – allows the bondholder to
help purchase investors or covers accounts payable. purchase a defined number of stock shares at designated price
during a defined period of time.
When borrowing it is important that the franchisee understand
• PREFERRED STOCK – equity instrument yielding dividend rights
the five C’s of credit
over common stock and steady dividend.
1. Capacity (ability to repay the loan)
• COMMON STOCK – with voting stock but does not receive
2. Capital (personal financial strength-net worth of
dividends.
business)
• CONVERTIBLE PREFERRED STOCK – preferred stock may be
3. Character (personal attributes of the applicant)
converted into common stock at stockholder’s option.
4. Collateral (assets pledged against the loan amount)
5. Conditions ( general economic climate at the time of LIMITED PARTNERSHIP – must include at least one general
the loan) partner, usually the franchisee. The limited partners liability is
limited to the amount of capital contributed or the amount of
DEBT FINANCING: risk they agree to bear.
 SHORT-TERM FINANCING – generally involves the use of
money for less than one year. MANAGING THE FRANCHISOR’S OPERATIONS PROCESS
 TRADE CREDIT – the most common term of short-term
financing. The franchisee can receive credit from suppliers THE PROMOTIONAL PACKAGE
and/or service companies.  A franchise package is generally divided into two parts, the
 COMMERCIAL PAPER – is a short-term promissory note which promotional package and the operations materials.
the franchisee signs and sells to the investor. 30 to 270 days.  PROMOTIONAL PACKAGE — is the carefully-prepared
 INTERMEDIATE-TERM FINANCING – one to three year financing information developed and given by the franchisor to
requirements. prospective franchisees in order to 1.) solicit franchisee
 UNSECURED OR SIGNATURE LOAN – a revolving kind of credit applicants to the franchise system, 2.) provide basic
agreement information about the franchise and 3.) Illustrate the follow up
 INVENTORY LOAN – in this case the franchisee is required to forms used to sign franchises.
actually present the purchase orders or inventory at hand.  The purpose of the promotional package is to solicit and sign
 LONG-TERM FINANCING – used to provide funds for purchase franchisees.
of permanent assets.
The franchisee would be interested in learning about the
TYPES OF DEBT FINANCING: items identified in the following list:
1. BANK TERM LOANS – formal agreement between the bank  A description of the business, its product, and/or
and the franchisee for the use of a specified money at a services.
given interest rate for specific period of time.  Background information about the franchisor and
2. EQUIPMENT LEASE FINANCING – It enables the franchisee franchised company.
to obtain equipment at a lower cost, eliminate risk of
 Historical information concerning development and d. Assistance
operation of a franchised unit. e. Management and planning
 Amount of money required for acquisition of a f. Standards of performance
franchise. g. Trademarks and trade names
 Assistance offered by the franchisor (financial, h. Duration of the franchising agreement.
training, and service) to a franchisee.  Investments
 Site, equipment, and building information.  Franchise application
 Marketing factors associated with promotion and sale
of the franchise system’s products or services. OPERATIONS PACKAGE:
 Financial information about franchisees and the  Is fairly extensive, and the materials are often put in the form of
franchise system. manuals.
 The purpose of the manuals is to properly conduct the
 According to Mark Seibert, “The best franchisees are motivated operations of the franchise.
adopters, that is, people are willing to take on some level of risk
There are at least 10 MANUALS WHICH MAKE THE OPERATIONS
and are willing to follow rules set forth by the franchisor.”
PACKAGE:
 For example, when someone buys a McDonald’s franchise, they
1. OPERATING MANUAL – it is the bible of the franchise system.
are not buying it to learn the recipe of the big mac sandwich.
Given to the franchisee on loan, and is to be returned to the
Instead they are buying into a system that offers superior value
franchisor if the franchisee ever leaves the system.
as a brand to a franchisee and quality products to its customers.
2. TRAINING MANUAL – a guide for teaching operating
 Prospective franchisees want to buy a consistent customer
procedures and personnel management.
experience that is proven, day after day, to be successful in the
 Formal training program – provide opportunity for the
marketplace.
franchisor to help new franchisees develop specific
FIVE APPROACHES TO THE MARKETPLACE: knowledge about the franchise system and business
1. Biggest: dominant assortment of products factors in running a successful franchised unit.
2. Quickest: Fast service  Ongoing training – is usually provided by field staff of the
3. Cheapest: Lowest prices on a day to day basis. franchisee after the franchisee has entered business.
4. Hottest: quickest availability of newest fashion, newest 3. TRAINING PROGRAM DEVELOPMENT – the franchisees need to
technology. learn in order to be successful operator. It should develop basic
5. Easiest: High service orientation: “We’ve got it all for you” management and business skills.
according to SM., “We implement the solution until you are 4. LOCATION SELECTION CRITERIA – one of the most crucial
satisfied.” decisions confronting a franchisee in the selection of the site for
the new franchised business. Depend on drive thrus, extensive
ADMINISTRATIVE EXPENSES: advertising, their business name in the phonebook.
The primary administrative costs are hiring and training salespeople 5. MARKETING MANUAL – describes the franchisor’s marketing
to recruit or solicit prospective franchisees. The nonpersonnel costs philosophy. It discusses in detail the features and
include: the cost of publishing brochures, advertising or promoting characteristics used to market the franchised business offering
the business. which may be consumer or industrial goods, durable or
nondurable goods, or a service.
RECRUITMENT PACKAGE:  It also includes about packaging, labelling, and consumer
Usually consists of a recruitment brochure, a disclosure document services.
and other information about the benefits and opportunities of  It should also include the market position the franchise
becoming a franchisee with the franchise system. system seeks, in terms of the market segment and
Brochures includes: customer groups targeted and competitive position the
 Description of the business franchise system wants to reach and maintain.
 The principal people in the franchise system (primary 6. ADVERTISING MANUAL – means effective communication and
ownership) promotion of the franchised product to the targeted audience.
 The franchise system: It covers at least four topics:
a. Territory covered a. advertising
b. Operating assistance b. promotion
c. What is needed for a franchisee to get started. c. graphics
d. Franchise system’s regional or national d. signage.
advertising program.  Determine the objective of the advertisement, what
 Operating a franchise; message is to be conveyed and the media most
a. Location appropriate in conveying the message.
b. Training  The promotional materials are to attract market response
c. Insurance or enhance existing customer demand.
 The graphics provides the franchisee with information
about how, where, and when to use the trademarks, logos,
and service marks.
 The franchisees are requested to help identify those
copying of trademarks, logos of the franchisor.
 Signage – the franchisor insists on one unchangeable sign
for the entire franchise system.
7. FIELD SUPPORT MANUAL – it includes training, inspection,
record-keeping, financial planning, and quality-control
standards and procedures of the business.
8. PRE-OPERATING MANUAL – it includes the checklists of
activities and steps that must be completed before a grand
opening.
9. SITE INSPECTION MANUAL – It includes store ambiance,
attractiveness of décor, cleanliness of restrooms and operating
equipment, neatness of customer service and personnel
appearance of employees.
10. RECORDKEEPING MANUAL – the franchisor, working with the
accountant which is to develop a standardized accounting and
recordkeeping system. Obtaining accurate financial information
with a minimum time and effort.
 Needs to have weekly or monthly income statements
reflecting sales and expenses, the balance sheet also on
monthly or semi-annually basis.

DAWANG | MM2-1

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