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What the seller must support
Form CT-BOIA-EX, effective September 30, 2025, asks whether the seller holds the federally registered mark, an assignment transfers it, or an owner’s licence permits use and sublicensing to franchisees or purchasers. Territory and permitted activity matter. A Malaysian owner, Singapore regional licensee and U.S. seller need the actual chain of permission; shared ownership does not fill a missing licence.
The Department posts claims but cannot approve or validate them. Section 65 places the exclusion/exemption burden on the person relying on it. The form and older guideline describe route/attachments differently, so confirm current directions.
Section 36b-61(2)(D) places the mark language in the marketing-program branch. Specified third-party device locations, buyback and stated income/refund guarantees have their own branches; a mark claim does not automatically answer those.
If the opportunity remains covered
Without an applicable exemption, section 36b-62 requires registration effective by commissioner order before offer or sale. Section 63 requires disclosure at least ten business days before the earlier contract or money/other-value event. A permitted federal-format document still needs the Connecticut cover and additional content.
Section 62(d) requires immediate material-change notice and appropriate amendments; section 79 requires renewal within 120 days after the seller’s financial year ends.
Section 67 requires documented data and disclosure of that data when income/earnings-potential claims are made. It addresses inconsistent advertising/spoken claims and prohibited references to Act compliance in advertising or prospect contact. Section 80 separately addresses false/misleading statements and material omissions within its scope. Section 65 relief does not automatically remove every sales-practice provision.
A mark claim is not an exit-law answer
Sections 42-133e–h have their own relationship definition without a stated federal fee element. Their ordinary 60-day, abandonment 30-day, specified real-property six-month and qualifying-conviction delivery branches, lease service and compensation conditions are explained in the linked exit guide; they do not create universal cure.
The base code and supplement index were examined, but later session laws and special industries remain separate questions.
Scope
- Confirm the current claim channel and attachments rather than treating the older guideline as current procedure. No complete brand clearance or every exemption/sales-practice outcome is determined.
Next step
Check the U.S. seller’s actual mark and sublicensing rights, then test the other promises before relying on the claimed exclusion.
Sources & review notes
Connecticut Department of Banking
Passage, dates and research notes
official-guidance · Trademark exclusion claim; effective 9/30/2025
The Department will post exclusionary claims to its online licensing portal but cannot approve or validate an exclusionary claim
Current form expressly places burden on seller, asks mark ownership/assignment/sublicensing facts and gives electronic filing instructions.
Connecticut Department of Banking
Passage, dates and research notes
official-guidance · Business opportunity exclusions and trademark rights
The burden of proving any of these exclusions and exemptions is upon the person claiming it.
Guidelines still describe older certificate/document process and legacy UFOC terminology. Read together with Form CT-BOIA-EX effective 2025-09-30; current statute fetch 503. Confirm exact filing channel and evidence before submission.
Connecticut General Assembly
Passage, dates and research notes
primary · 36b-61, 62, 63(a)–(b), 65–67, 75 and 79–80
At least ten business days prior
Read actual cited statutory bodies on official current public mirror, including current definition in 36b-61(2), distinct device-location/buyback/guarantee/marketing-program limbs, burden of exemption, registration/order and material-change rules, delivery timing, sales representations and renewal. History text referring to former subsection (6) is historical, not a current-numbering conflict. Current trademark form effective September 30, 2025 remains the filing evidence. Base-code/supplement version limits remain explicit; no full statute absence conclusion. Actual readable official body downloaded and cited operative provisions read; fetch timestamp is separate from substantive verification.
Connecticut General Assembly
Passage, dates and research notes
primary · 42-133e through 42-133h; complete operative provisions and histories
at least sixty days in advance
Read actual official public current-code mirror, also identical to official 2025 edition. Main cga host returned 503; linked public prdext3 host returned full text. The base code directs readers to the 2026 supplement; reviewed supplement title index does not list Chapter 739. Section histories for cited provisions end 2000 or earlier. This is a scoped reading of the served code, not certification that all later session laws or special-sector laws have been exhausted. Actual readable official body downloaded and cited operative provisions read; fetch timestamp is separate from substantive verification.
Detailed rule records (4)
Current Form CT-BOIA-EX effective September 30, 2025 describes a marketing-program claim tied to a federally registered trademark/service mark. It asks who holds the mark and whether assignment/licensing permits sublicensing. The form says posting a claim is not approval or validation.
Connecticut Form CT-BOIA-EX Connecticut business opportunity registration guidelines36b-61(2) has separate device-location, buyback, income/refund and marketing-program limbs. For a covered non-exempt opportunity, 36b-62 registration precedes offer/sale and effectiveness requires commissioner order. 36b-63 uses ten business days before the earlier contract/money-or-value event, including state cover/additional-content requirements. Material changes and annual renewal remain separate.
Connecticut General Statutes Chapter 672c — Business Opportunity Investment Act Connecticut Form CT-BOIA-EX36b-67 requires documented income/earnings data and disclosure of that data when such claims are made, prohibits inconsistent advertising/oral representations, and prohibits the stated advertising/prospect-contact reference to Act compliance. Section 80 separately addresses false/misleading statements and material omissions within its scope.
Connecticut General Statutes Chapter 672c — Business Opportunity Investment ActApply the separate marketing-plan/brand definition and Connecticut place-of-business/date conditions. Covered termination, cancellation and nonrenewal require good cause and ordinarily 60-day written notice stating cause. Special leased-premises notice/service, compensation and minimum-term rules require separate testing.
Connecticut General Statutes Chapter 739 — general franchise relationship provisionsKeep this reading in your learning library.
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