Who owns the "Aerus" trademark?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
The trademark "Aerus" is owned by our affiliate Aerus Concepts, L.P. ("Aerus Concepts"). We obtained our right to use certain "Aerus" marks and the System pursuant to a license agreement with Aerus Concepts dated August 27, 2001 (the "Aerus License Agreement").
i. Based upon rights granted to us, we are licensing to you, on a non-exclusive, non-assignable basis (subject to the Franchise Agreement and the Manuals, as applicable), the trademark "Aerus" and if you are a franchisee who has executed a Beyond Addendum, the trademark "Beyond", in each instance, for use in the sale, marketing, distribution and repair of various household products, vacuum cleaners and related accessories. Aerus Concepts may terminate the Aerus License Agreement upon written notice if we or you breach the Aerus License
Agreement. Material, uncured breach of the license terms by you or any other franchisee might result in termination of the license for all franchisees.
ii. We and our affiliates have certain inspection rights related to the use of the "Aerus" and "Beyond" trademarks, including the ability to inspect your premises for proper use of the mark. We may also issue trademark usage guidelines from time to time governing your use of the Marks. If you fail to conform to the quality requirements or usage guidelines, we may terminate or suspend your license to use the Marks. 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, the trademark "Aerus" is owned by Aerus Concepts, L.P., which is an affiliate of Aerus. Aerus secures the right to use the "Aerus" marks through a license agreement with Aerus Concepts, established on August 27, 2001. This agreement, referred to as the "Aerus License Agreement," allows Aerus to license the trademark to its franchisees.
Aerus grants franchisees a non-exclusive and non-assignable license to use the "Aerus" trademark for the purpose of selling, marketing, distributing, and repairing household products, vacuum cleaners, and related accessories. Franchisees who have a Beyond Addendum also receive a license for the "Beyond" trademark. However, Aerus Concepts retains the right to terminate the Aerus License Agreement if Aerus or any of its franchisees breach the terms of the agreement. A significant, uncorrected breach by a franchisee could lead to the termination of the license for all franchisees.
Aerus and its affiliates have the right to inspect franchisees' premises to ensure proper use of the "Aerus" and "Beyond" trademarks. Aerus may also issue trademark usage guidelines that franchisees must follow. Failure to meet quality requirements or adhere to usage guidelines could result in the termination or suspension of the franchisee's license to use the trademarks. Franchisees are obligated to assist in protecting the trademark and must indemnify Aerus and its affiliates against any claims arising from their use of the mark on products or materials.
Prospective franchisees should understand that their right to use the Aerus trademark is contingent upon maintaining compliance with the franchise agreement and manuals, as well as adhering to any trademark usage guidelines issued by Aerus. The risk of losing the trademark license due to a breach of the agreement highlights the importance of carefully following all guidelines and quality standards set by Aerus.