What does the Amerispec Inspection Services manual say about assumed name certificates for Amerispec Inspection Services franchisees?
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.
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to the 2025 Amerispec Inspection Services FDD, franchisees must operate under and prominently display the brand's names and marks. Franchisees can use "AmeriSpec Inspection Services" along with their franchise number when filing a fictitious business name statement or similar document in the jurisdictions where they operate. If the franchisee is a corporation, LLC, or partnership, they cannot use Amerispec Inspection Services' names and marks as part of their legal business name. Additionally, franchisees must file for and maintain a "Certificate of Trade Name" in the county or relevant jurisdiction where their franchise is located.
Upon termination or expiration of the franchise agreement, the franchisee is required to cancel all assumed names or equivalent registrations related to the use of the Amerispec Inspection Services names and marks. They must also transfer all rights to telephone and fax numbers, listings, email addresses, and social media accounts used in connection with the franchise to Amerispec Inspection Services. The franchisor is authorized to act as the franchisee's attorney-in-fact to direct the transfer of these listings and accounts. The franchisee is responsible for paying any outstanding amounts related to these listings and accounts.
These stipulations ensure consistent branding and prevent unauthorized use of the Amerispec Inspection Services name and marks, protecting the brand's identity and goodwill. It also simplifies the process of transferring business assets back to the franchisor upon termination, ensuring a smooth transition and preventing confusion in the marketplace. Prospective franchisees should be aware of these requirements and ensure they comply with all local regulations regarding business name registration and usage.