What is the Amerispec Inspection Services franchisee's obligation to use the Names and Marks of the Company?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
he 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".
10.1.7.5 Within 10 days after the date the Franchisee receives notice of any customer or consumer complaint about the operation of the Franchised Business, the Franchisee shall prepare and deliver to the Company a written report which provides details relating to the nature of the complaint and the corrective action taken to prevent the reoccurrence of the event giving rise to the complaint. Franchisee shall notify the Company, within 10 days, of any legal action against the Franchised Business and shall provide status reports as required by the Company.
10.1.7.6 The operation of the Franchised Business shall in all respects comply with the applicable rules and regulations of the various local, state, and federal agencies that regulate the operation of home inspection businesses. This includes, but is not limited to, any such licensing, registration, or certification requirements.
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to the 2025 Amerispec Inspection Services FDD, franchisees are required to operate under and prominently display the company's Names and Marks in the operation of their franchised business. Franchisees cannot use any commercial trade names, service marks, or other commercial symbols, including logos, that do not meet Amerispec Inspection Services's criteria. They are also prohibited from using the Names and Marks in combination with other words, letters, prefixes, suffixes, logos, or designs, unless authorized by the company or when in conjunction with the Franchised Business. Franchisees can use the wording "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 business name and must file for and maintain a "Certificate of Trade Name" in the appropriate jurisdiction.
Amerispec Inspection Services retains the right to discontinue the use of certain Names and Marks and introduce new ones, with the franchisee bearing the expenses associated with this transition. However, if the company doesn't provide sufficient notice (allowing for use within 90 days) regarding trademarked stationery or marketing materials, Amerispec Inspection Services will purchase those materials from the franchisee at cost. Franchisees must also refrain from using the Names and Marks in any lewd, scandalous, obscene, libelous, or defamatory manner. The Names and Marks must always be accompanied by the registration symbol "®" or the "™" symbol, as directed by the company. All promotional materials must include the 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, along with stating that each AmeriSpec® business is "An independently owned and operated franchise business".
Furthermore, the franchisee acknowledges that the right to use the Names and Marks is solely derived from the franchise agreement, and all goodwill established through such usage benefits Amerispec Inspection Services exclusively. Upon termination or expiration of the franchise agreement, the franchisee must immediately cease using the Names and Marks. The franchisee is obligated to notify Amerispec Inspection Services of any infringement or challenge to the use of the Names and Marks and must not communicate with any other party regarding such matters. Amerispec Inspection Services has the discretion to take appropriate action, including controlling any litigation or administrative proceedings related to the Names and Marks. Franchisees must take all necessary actions to maintain the integrity of the Names and Marks, including operating the franchised business according to the standards of quality, appearance, cleanliness, and service associated with premium home inspection businesses.
At least 10 days before displaying or distributing any promotional materials, franchisees must provide Amerispec Inspection Services with copies or accurate depictions of the materials. Franchisees are responsible for conducting their business in a manner that preserves and enhances the goodwill associated with the Names and Marks. Upon termination or expiration of the franchise, franchisees must remove all interior and exterior signs identifying the business as an Amerispec Inspection Services business, including signs on vehicles. If the franchisee fails to do so, Amerispec Inspection Services has the right to remove the signs at the franchisee's expense. This ensures consistent brand representation and protects the company's trademarks and reputation.