Can an Aerus franchisee use any trade name other than the Marks?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
rmit or authorize any person or entity other than Franchisee to establish a physical location for the operation of any Aerus Business under any of the Programs listed in Recital C within the area identified as the Protected Area in Schedule 1, attached hereto (the "Protected Area").
- G. Notwithstanding anything herein to the contrary, without Company's prior written approval, Franchisee shall not (1) conduct the Franchised Business under any actual or assumed name other than the Approved Name, (2) sell to any person or entity that is not an Approved Customer, (3) advertise, market or solicit sales outside of the Area of Responsibility, (4) sell to any person not residing within the Area of Responsibility, (5) conduct any aspect of the Franchised Business by, through, over or on the internet or world wide web, including without limitation, advertising, marketing and solicitation, unless or until Company establishes a Company sponsored program for such conduct by Franchisees and, then, only as part of and in accordance with such program, (6) use any trade name, trademark or service mark in connection with the Franchised Business other than the Marks (and then only in strict accordance with the terms and conditions of this Agreement, the Policies and Procedures, the Manuals and any specific guidelines imposed by Company), (7) advertise or sell any product or service from an Approved Location or through the Franchised Business bearing any trade name, trademark or service mark other than the Marks, (8) sell any product or service that is not a Product, or (9) permit any Product to be sold from any physical location other than an App
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees are generally prohibited from using any trade names, trademarks, or service marks other than the specific Marks approved by Aerus for the franchised business. This restriction is in place unless Aerus provides prior written approval to use an alternate name. The Marks are those proprietary marks determined by Aerus from time to time as applicable to the Associate Program.
This requirement ensures brand consistency and uniformity across all Aerus franchise locations, which is a common practice in franchising. By restricting the use of unauthorized trade names, Aerus aims to maintain control over its brand identity and prevent any potential confusion among customers. This also helps to protect the goodwill associated with the Aerus brand.
For a prospective franchisee, this means they must operate the business strictly under the approved name and Marks provided by Aerus. Any deviation from this requires explicit written consent from Aerus. This includes all aspects of the business, from advertising and marketing materials to the physical signage at the Approved Location. Franchisees should be aware that failure to comply with these branding guidelines could result in a breach of the franchise agreement.