When operating an Amerispec Inspection Services franchise, must the franchisee prominently display the Names and Marks?
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.
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 Names and Marks of the company in the operation of their franchised business. Franchisees must adhere to specific criteria established by Amerispec Inspection Services regarding the use of commercial trade names, service marks, and other commercial symbols, including logos. They are not allowed to use any Names and Marks in combination with other words, letters, prefixes, suffixes, logos, or designs, unless authorized by the company, except when in conjunction with the Franchised Business.
Amerispec Inspection Services franchisees may use the words "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 or similar document with all appropriate jurisdictions where the Franchised Business is located and provides services. If the franchisee is a corporation, limited liability company, or partnership, they cannot use any of the Names and Marks, or the names and marks of any of the company's affiliates, as part of their business name. Franchisees must also file for and maintain a "Certificate of Trade Name" in the county, or other appropriate jurisdiction, where the Franchised Business is located.
Amerispec Inspection Services may choose to discontinue the use of certain Names and Marks and begin using new ones, and franchisees are responsible for all expenses related to this change. However, if Amerispec Inspection Services does not provide sufficient notice (90 days) for the use of trademarked stationery or marketing materials before they become obsolete, the company will purchase those materials from the franchisee at the franchisee's cost. Franchisees must also ensure that the Names and Marks are not used in any lewd, scandalous, obscene, libelous, or defamatory manner. The use of the Names and Marks must always be accompanied by the registration symbol "®" or the "™" symbol, as directed by the company. Additionally, all promotional materials bearing the Names and Marks 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, and state that each AmeriSpec® business is "An independently owned and operated franchise business".