Where can an Aerus franchisee use the "Aerus" marks if their Approved Location is in the United States?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
The Marks may be used only in the United States if your Approved Location or Development Area is in the United States and only in Canada if your Approved Location or Development Area is in Canada and only in (i) direct retail sales to residential customers (meaning door-to-door sales and other sales to residential end-users in a manner other than from a fixed, store location open to the general public but not including sales over the Internet or other electronic communications media); and (ii) retail sales to consumers from facilities owned or leased by us or our franchisees and identified as "Beyond by Aerus", "Aerus" and/or "Electrolux" stores. You may be required to assist in the protection of the mark, and are obligated to indemnify us and our affiliates against any claim resulting from your use of the mark on products or materials.
Source: Item 13 — Trademarks (FDD pages 47–51)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, if an Aerus franchisee's approved location or development area is in the United States, they can only use the "Aerus" marks within the United States. The use is restricted to two specific channels: direct retail sales to residential customers, which includes door-to-door sales and other sales to residential end-users, but excludes sales over the Internet or other electronic communications media; and retail sales to consumers from facilities owned or leased by Aerus or its franchisees, identified as "Beyond by Aerus", "Aerus" and/or "Electrolux" stores.
This means an Aerus franchisee operating in the U.S. cannot use the "Aerus" marks for online sales or in fixed store locations open to the general public that are not specifically branded as "Beyond by Aerus", "Aerus", or "Electrolux" stores. This restriction is significant because it limits the franchisee's ability to leverage the trademark in broader markets, such as e-commerce, and requires adherence to specific branding guidelines for physical retail locations.
The Aerus FDD also states that franchisees may be required to assist in the protection of the mark and must indemnify Aerus and its affiliates against any claims resulting from the franchisee's use of the mark on products or materials. This highlights the importance of adhering to the usage guidelines and quality requirements set by Aerus to avoid potential legal issues and maintain the integrity of the trademark. Furthermore, Aerus and its affiliates retain inspection rights to ensure proper use of the trademarks, including the ability to inspect the franchisee's premises.
In summary, the permitted use of the "Aerus" trademark is narrowly defined, focusing on direct, in-person sales and branded retail locations. Prospective franchisees should carefully consider these limitations and the associated obligations to protect the trademark when evaluating the Aerus franchise opportunity.