What is the definition of 'Proprietary Marks' as it relates to the Amorino franchise?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- C.
The System is identified by means of certain proprietary trademarks, trade names, service marks, logotypes, trade styles, commercial symbols, emblems, and indicia of origin, including the mark "Amorino" and such other trade names, service marks, and trademarks as are now designated and may hereafter be designated by Amorino in writing for use in connection with the System (collectively, the "Proprietary Marks"), together with certain copyrights, advertising and promotional materials and practices, training materials, product packaging, operations manuals, including the Manual, and other works of authorship which are owned by Amorino and fixed in a tangible medium of expression (collectively, the "Copyrighted Materials").
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the Proprietary Marks are defined as the trademarks, trade names, service marks, logotypes, trade styles, commercial symbols, emblems, and indicia of origin used to identify the Amorino system. This includes the mark "Amorino" itself, along with any other trademarks or service marks that Amorino designates in writing for use within the franchise system. These marks are essential for identifying the Amorino brand and distinguishing it from other businesses.
Amorino retains all rights to the Proprietary Marks, and franchisees are granted a limited right to use them solely in connection with the operation of their franchised business. Franchisees must use only the designated Proprietary Marks in the manner authorized by Amorino, including using the appropriate symbols such as "®", "TM", or "SM". They are also prohibited from contesting the ownership or validity of these marks or taking any action that could negatively impact Amorino's ownership or registration of them.
Prospective franchisees should understand that the right to use the Proprietary Marks is contingent upon adhering to the franchise agreement. Unauthorized use of the marks can be considered an infringement of Amorino's rights. Upon termination or expiration of the franchise agreement, the franchisee's right to use the Proprietary Marks ceases, and no monetary value is assigned to any goodwill associated with their past use of the marks. Amorino also reserves the right to modify or replace the Proprietary Marks, and franchisees are responsible for the costs associated with implementing any required changes in their store.
Amorino also requires that franchisees operating under a lease obtain the landlord's consent to use Amorino's Proprietary Marks, signs, and decor. This ensures that the Amorino brand is consistently presented and protected at the franchised location. Amorino also retains the right to operate businesses under different proprietary marks, meaning they can franchise other concepts under different brand names without impacting the Amorino franchisee's rights, except within their protected area.