If an Aerus franchisee's approved locations are in Canada, can they use the Marks 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, an Aerus franchisee's ability to use the brand's trademarks, including "Aerus", "Beyond", "Electrolux", and "Lux", is restricted by the location of their Approved Location or Development Area. If a franchisee's approved locations are in Canada, they are not permitted to use the Marks in the United States. Conversely, if their approved locations are in the United States, they cannot use the Marks in Canada. This restriction applies to all trademarks licensed to Aerus franchisees.
The FDD specifies that the use of the Marks is further limited to (i) direct retail sales to residential customers (door-to-door sales, excluding internet or electronic media sales) and (ii) retail sales to consumers from facilities owned or leased by Aerus or its franchisees identified as "Beyond by Aerus", "Aerus", and/or "Electrolux" stores. These facilities must primarily offer products sold under the "Aerus" and "Electrolux" brands. This means that franchisees operating in Canada must restrict their trademark usage to these specific sales channels within Canada only.
This geographical and channel restriction is a standard practice in franchising to protect brand integrity and avoid market confusion. Aerus franchisees must adhere strictly to these guidelines to avoid potential breaches of the franchise agreement, which could lead to termination of their license to use the Marks. Furthermore, franchisees are obligated to assist in protecting the Marks and indemnify Aerus against any claims resulting from their use of the Marks on products or materials.
Prospective Aerus franchisees should carefully consider these limitations and ensure their business plan aligns with the permitted uses of the Marks within their designated territory. Understanding these restrictions is crucial for compliance and successful operation of an Aerus franchise.