factual

What are 'Names and Marks' referring to in the Amerispec Inspection Services franchise agreement?

Amerispec_Inspection_Services Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 2.4 Names and Marks shall mean the commercial trade names, trademarks, service marks and other commercial symbols, including associated logos, now or hereafter selected, used or promoted by the Company in connection with its franchised system offering commercial building inspection services or related products and/or services.

Source: Item 23 — Receipts (FDD pages 47–172)

What This Means (2025 FDD)

According to the 2025 Amerispec Inspection Services FDD, the term "Names and Marks" refers to the commercial trade names, trademarks, service marks, and other commercial symbols, including associated logos, that Amerispec Inspection Services selects, uses, or promotes in connection with its franchised system. This system offers commercial building inspection services or related products and services. As a franchisee, you are required to operate under and prominently display these Names and Marks in your franchised business.

The franchise agreement specifies that franchisees cannot use any commercial trade names, service marks, or other commercial symbols that do not meet Amerispec Inspection Services' criteria. Franchisees are also prohibited from using the Names and Marks in combination with other words, letters, prefixes, suffixes, logos, or designs, unless specifically authorized by Amerispec Inspection Services. An exception is made for using "AmeriSpec Inspection Services" followed by "Franchise No. [franchise agreement number]" when filing a fictitious business name statement.

Amerispec Inspection Services retains the right to discontinue or change the Names and Marks used in the system, and franchisees are responsible for all expenses related to updating their business to reflect these changes. However, if Amerispec Inspection Services doesn't provide sufficient notice (90 days) for franchisees to use up existing trademarked stationery or marketing materials, Amerispec Inspection Services will repurchase those materials at the franchisee's cost. Franchisees must also ensure that the Names and Marks are always accompanied by the appropriate registration symbols and disclaimers in promotional materials, and that the Names and Marks are not used in any inappropriate or damaging manner.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.