Is an Aerus franchisee permitted to use the "Aerus" marks as part of their legal business name?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise Agreement grants to you a limited non-exclusive right and license to use the Marks in strict accordance and compliance with the terms and conditions of the Franchise Agreement and the Manuals, including the Policies and Procedures and any specific guidelines We may impose from time to time. We may, at our option from time to time, modify and change the Marks permitted to be used by you and the manner in which such of the Marks may be used, including discontinuing the permitted use of any of the Marks. This license does not permit, and it will be strictly prohibited for, you to use or include any of the Marks as a part of your legal business name. All rights and licenses granted concerning the Marks will automatically terminate upon the expiration or termination of the Franchise Agreement and you must promptly thereafter return to us any documents, forms, applications, signs, banners, advertisements, marketing information, product specifications, sales literature and other material bearing the Marks. All rights and goodwill in any of the Marks are the sole and exclusive property of us and our applicable licensor, if any, and all use of the Marks will inure to the sole benefit of us and our affiliates. Nothing in the Franchise Agreement or the Beyond Addendum gives you any right in or to any of the Marks, except as specifically provided in the Franchise Agreement or Beyond Addendum. You must not, for yourself or together with any other person or entity, challenge our right, title or privilege in or to any of the Marks.
Source: Item 13 — Trademarks (FDD pages 47–51)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees are specifically prohibited from using any of the Aerus trademarks as part of their legal business name. The Franchise Agreement grants a limited, non-exclusive right to use the marks strictly according to the agreement's terms and conditions, which does not extend to incorporating the marks into the franchisee's legal business name. Aerus retains the right to modify or change the permitted marks and their usage. Upon termination of the Franchise Agreement, all rights to use the marks cease, and franchisees must return all materials bearing the marks. All rights and goodwill associated with the marks remain the exclusive property of Aerus and its licensors.
This restriction is a standard practice in franchising, designed to protect the brand's uniformity and integrity. By preventing franchisees from including the trademark in their legal business name, Aerus ensures consistent brand representation across all franchise locations and avoids potential confusion among customers. This policy also allows Aerus to maintain control over its brand identity and prevent unauthorized use of its trademarks.
Prospective Aerus franchisees should be aware of this limitation and plan their business naming accordingly. While franchisees can operate under the Aerus brand and utilize the trademarks in marketing and sales materials as permitted, they must choose a distinct legal business name that does not infringe on Aerus's trademarks. This requirement underscores the importance of understanding the specific terms and conditions outlined in the Franchise Agreement regarding trademark usage.