Is an All States M.E.D. franchisee allowed to use any Mark as part of their business entity name?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall not use any Mark or portion of any Mark as part of any business entity name. Franchisee shall not use any Mark in connection with the sale of any unauthorized product or service or in
any other manner not expressly authorized in writing by Franchisor. Franchisee shall give such notices of trademark and service mark registrations as Franchisor specifies and obtain such fictitious or assumed name registrations as may be required under applicable law to do business as a Franchised Business. Franchisee shall not register or seek to register as a trademark or service mark, either with the United States Patent and Trademark Office or any state or foreign country, any of the Marks or a trademark or service mark that is confusingly similar to any Mark licensed to Franchisee. Franchisee shall include on its letterhead, forms, cards and other such identification, a prominent notice stating that the Franchised Business is an "Independently Owned and Operated All States M.E.D. Franchise" of Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 44–174)
What This Means (2024 FDD)
According to the 2024 All States M.E.D. Franchise Disclosure Document, franchisees are explicitly restricted from using any of the brand's Marks, or any portion thereof, as part of their business entity name. This restriction is in place to protect the integrity and uniformity of the All States M.E.D. brand.
While franchisees cannot incorporate the All States M.E.D. Marks into their business's legal name, they are required to identify their business as an "Independently Owned and Operated All States M.E.D. Franchise" on letterheads, forms, cards, and other identifying materials. This ensures that customers are aware of the franchise affiliation while maintaining a distinction between the franchisee's entity and the All States M.E.D. brand itself.
Furthermore, franchisees must adhere to trademark and service mark registration guidelines specified by All States M.E.D. and obtain any necessary fictitious or assumed name registrations to legally operate as a franchised business. They are also prohibited from registering or attempting to register any trademarks or service marks that are confusingly similar to the All States M.E.D. Marks, reinforcing the protection of the franchisor's intellectual property.