Can an Alloy franchisee use trademarks not specified in the manual in connection with the Facility?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
associated with the Trademarks, including any use of the Trademarks in a derogatory, negative, or other inappropriate manner in any media, including but not limited to print or electronic media.
- B. Trademark Use. You may not use, or permit the use of, any trademarks, trade names or service marks in connection with the Facility except those set forth in the Manual or except as we otherwise direct in writing. You may use the Trademarks only in connection with such products and services as we specify and only in the form and manner we prescribe in writing. You must comply with all trademark, trade name and service mark notice marking requirements. You may use the Trademarks only in association with services and products approved by us and that meet our standards or requirements.
- C. Facility Identification. You must use the name ALLOY as the trade name of the Facility and you may not use any other mark or words to identify the Facility without our prior written consent.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, franchisees are generally restricted to using only the trademarks specified in the manual or as otherwise directed in writing by Alloy. This policy is in place to protect Alloy's brand identity and ensure consistent brand representation across all franchise locations.
Specifically, an Alloy franchisee "may not use, or permit the use of, any trademarks, trade names or service marks in connection with the Facility except those set forth in the Manual or except as we otherwise direct in writing." This means that if a franchisee wishes to use a trademark, trade name, or service mark that is not already approved and listed in the operations manual, they must obtain explicit written permission from Alloy.
This requirement extends to various materials, including business cards, stationery, and checks. While franchisees can use Alloy's trademarks on these items, they must accurately depict the trademarks as prescribed, include a statement indicating independent ownership, and not use the trademarks in conjunction with any other trademarks without prior written approval from Alloy. This ensures that all marketing and branding efforts align with Alloy's standards and protect the integrity of the brand.
The Alloy franchise agreement also stipulates that franchisees must use the name ALLOY as the trade name of their facility and cannot use any other mark or words to identify the facility without prior written consent. Furthermore, franchisees are prohibited from using the word ALLOY or any substantially similar names or words as part of their business's legal entity name (e.g., corporation, partnership, LLC). These restrictions reinforce Alloy's control over its brand and prevent potential customer confusion or trademark infringement.