What is the Amerispec Inspection Services franchisee's obligation regarding the use of the Company's Names and Marks?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
ny in its sole discretion, will constitute a breach of this Agreement, entitling the Company to exercise any and all remedies authorized under this Agreement, up to and including termination.
10. NAMES AND MARKS
10.1 Proprietary Marks.
10.1.1 The Franchisee shall operate under, and prominently display, the Names and Marks in the operation of the Franchised Business. The Franchisee shall use no commercial trade names, service marks, or other commercial symbols, including associated logos, which do not satisfy the criteria established by the Company. The Franchisee shall not use any of the Names and Marks in combination with other words, letters, prefixes, suffixes, logos, or designs, other than in the manner authorized by the Company, except when in conjunction of the Franchised Business. The Franchisee may use the words
- "AmeriSpec Inspection Services," in its doing business as: "AmeriSpec Inspection Services Franchise No. _______{insert franchise agreement number}" and shall duly file a fictitious business name statement or similar document with all appropriate jurisdictions in which the Franchised Business is located and provides services.
- 10.1.2 If the Franchisee is a corporation, limited liability company, or partnership, the Franchisee may not use any of the Names and Marks, or the names and marks of any of the Company's affiliates, as part of the name of the corporation, limited liability company or partnership. The Franchisee shall file for and maintain a "Certificate of Trade Name" in the county, or other appropriate jurisdiction, in which the Franchised Business is located.
- 10.1.3 From time to time, upon reasonable notice to the Franchisee, the Company may elect to discontinue the use of certain Names and Marks and to commence use of new Names and Marks. The Franchisee shall pay all expenses incurred by the Franchisee in connection with discontinuing the use of existing Names and Marks in the Franchised Business and commencing the use of new Names and Marks therein; provided, however, if the Company does not give the Franchisee notice to allow for use of any trademarked stationery or marketing materials purchased by the Franchisee within 90 days preceding the date of the notice that these materials will become obsolete, the Company will purchase those materials from the Franchisee at the Franchisee's cost.
- 10.1.4 The Franchisee acknowledges that its right to use the Names and Marks is derived solely from this Agreement and that all such usage and any goodwill established thereby shall inure to the exclusive benefit of the Company.
- 10.1.5 The Franchisee agrees that, upon the termination or expiration of the Term of the Franchise for any reason whatsoever, the Franchisee shall forthwith discontinue the use of the Names and Marks, and thereafter shall no longer use, or have the right to use, the Names and Marks.
- 10.1.6 The Franchisee shall immediately notify the Company of any infringement of or challenge to the Franchisee's use of present and future Names and Marks and shall not communicate with any other person in connection with any such infringement, challenge, or claim. The Company may, in its sole discretion, take such action as it deems appropriate, including the exclusive control of any litigation or any Trademark Office or other administrative proceeding arising out of any such infringement, challenge or claim relating to any of the Names and Marks.
- 10.1.7 The Franchisee shall take all actions reasonably necessary to maintain the integrity of the Names and Marks and preserve and protect the goodwill associated with the Names and Marks. These actions shall include, without limitation, the following:
- 10.1.7.1 The Franchisee shall operate the Franchised Business in accordance with the standards and requirements of quality, appearance, cleanliness, and service that are associated with premium quality home inspection businesses.
- 10.1.7.2 At least 10 days prior to display or distribution of any promotional materials, the Franchisee shall provide the Company with copies or accurate depictions, as applicable, of any and all signs, brochures, advertisements and other proposed promotional materials relating to the Franchised Business.
10.1.7.3 The Franchisee shall refrain from using the Names and Marks in any lewd, scandalous, obscene, libelous, or defamatory manner.
10.1.7.4 Use of the Names and Marks shall in every instance be accompanied by the registration symbol "®" or the "™" symbol, placed in close proximity to the Names and Marks as directed by the Company. In addition, any and all brochures, advertisements and other promotional materials bearing the Names and Marks shall contain the following statement: "AmeriSpec® and its accompanying design is a federally registered trademark and service mark of TCB AMERISPEC, LLC," or "AmeriSpec® is a registered trademark of TCB AMERISPEC, LLC," if applicable. All such materials shall also state that each AmeriSpec® business is "An independently owned and operated franchise business".
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to Amerispec Inspection Services's 2025 Franchise Disclosure Document, franchisees have several obligations regarding the use of the company's names and marks. The franchisee must operate under and prominently display the Names and Marks in the operation of the Franchised Business and use no other commercial symbols unless approved by the company. They can use "AmeriSpec Inspection Services," in its doing business as: "AmeriSpec Inspection Services Franchise No. ______ {insert franchise agreement number}" and must file a fictitious business name statement. If the franchisee is a corporation, limited liability company, or partnership, they cannot use any of the Names and Marks as part of their legal name and must file for and maintain a "Certificate of Trade Name" in the appropriate jurisdiction.
Amerispec Inspection Services may discontinue the use of certain Names and Marks and commence use of new Names and Marks, with the franchisee bearing the expenses, unless the company doesn't provide adequate notice for the use of trademarked materials. The franchisee must refrain from using the Names and Marks in any lewd, scandalous, obscene, libelous, or defamatory manner. Use of the Names and Marks must always include the registration symbol "®" or the "™" symbol, and promotional materials must state that "AmeriSpec® and its accompanying design is a federally registered trademark and service mark of TCB AMERISPEC, LLC," or "AmeriSpec® is a registered trademark of TCB AMERISPEC, LLC," along with stating that each AmeriSpec® business is "An independently owned and operated franchise business".
The franchisee must notify Amerispec Inspection Services of any customer complaints or legal actions against the franchised business within 10 days. The franchisee must operate in compliance with all applicable rules and regulations for home inspection businesses. Franchisees must conduct their business in a manner that preserves and enhances the goodwill associated with the Names and Marks. The franchisee’s right to use the Names and Marks is derived solely from the franchise agreement, and all goodwill established through such use benefits the company exclusively. Upon termination or expiration of the franchise, the franchisee must immediately discontinue the use of the Names and Marks.
These stipulations ensure brand consistency and protect Amerispec Inspection Services's trademarks and reputation. For a prospective franchisee, this means understanding and adhering to strict brand guidelines, promptly addressing complaints or legal issues, and being prepared to update marketing materials and signage as directed by the franchisor. Failing to comply with these requirements could result in legal repercussions or termination of the franchise agreement.