Is the Alloy trademark registered in the United States?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
- E. "Trademarks" means the ALLOY trademark and service mark that has been registered in the United States and elsewhere, and the other trademarks, service marks, trade names, the trade dress and other commercial symbols that we authorize you to use in the operation of the Facility from time to time, each as we may modify and update from time to time. Trade dress includes the designs, color schemes and image we authorize you to use from time to time.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to the 2025 FDD, the Alloy trademark is registered in the United States. The FDD specifies that "Trademarks" refers to the ALLOY trademark and service mark, which has been registered in the United States and elsewhere. This registration provides Alloy with legal protection for its brand name and logo, preventing unauthorized use by others.
For a prospective franchisee, this means that they are licensing a brand with established legal rights. Alloy or its affiliate has the sole right to direct and control any administrative proceeding or litigation involving the Trademarks, including any settlement. Alloy also has the right, but not the obligation, to take action against uses by others that may constitute infringement of the Trademarks and may defend a franchisee against any third-party claim, suit, or demand arising out of the franchisee's use of the Trademarks, provided the franchisee has used the trademarks in accordance with the franchise agreement.
However, franchisees must adhere to Alloy's standards and requirements for using the trademarks. Franchisees must use the name ALLOY as the trade name of their facility and may not use any other mark or words to identify the facility without Alloy's prior written consent. They must also comply with all trademark, trade name, and service mark notice marking requirements. This ensures consistent branding and protects the integrity of the Alloy trademark. Franchisees are also obligated to inform Alloy of any potential misuse or infringement of the trademarks.