Is an Amorino franchisee allowed to alter the Proprietary Marks in any way?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
Proprietary Marks in any manner material to the franchise.
Amorino Unit Franchise Disclosure Document –April 24, 2025 Page 50 of 80 You must follow our rules when you use the Proprietary Marks. You are prohibited from using any Proprietary Mark as part of any business entity name or with any prefix, suffix or other
modifying words, terms, designs or symbols (other than logos licensed by us to you). In addition, you may not use any Proprietary Mark in selling any unauthorized service or in any other manner we have not explicitly authorized in writing. You may not, in any way, alter our Proprietary Marks in color, proportions, or by adding, deleting, or modifying the Proprietary Marks in any way.
You must immediately notify us of any infringement of or challenge to your use of any Proprietary Mark. We will have sole discretion to take whatever action we deem appropriate to protect the Proprietary Marks. Under the Franchise Agreement, we have the right to control any litigation or administrative proceeding with respect to the Proprietary Marks. We will indemnify and defend you against claims arising from your authorized use of the Proprietary Marks.
You must notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to any of the Proprietary Marks licensed to you.
Source: Item 13 — TRADEMARKS (FDD pages 50–52)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, franchisees are strictly prohibited from altering the Proprietary Marks in any way. The FDD specifies that franchisees cannot use any Proprietary Mark as part of a business entity name or with any prefix, suffix, or other modifying words, terms, designs, or symbols, except for logos licensed by Amorino. Additionally, franchisees are not allowed to use any Proprietary Mark in selling unauthorized services or in any manner not explicitly authorized in writing by Amorino.
Specifically, Amorino franchisees are barred from making any changes to the Proprietary Marks regarding color or proportions. They also cannot add, delete, or modify the Proprietary Marks in any way. This restriction ensures that the brand's trademarks remain consistent and recognizable to the public, which is crucial for maintaining brand identity and customer recognition.
If Amorino decides that a franchisee should modify or discontinue the use of any Proprietary Mark, the franchisee must comply with this decision. However, the Franchise Agreement does not obligate Amorino to protect the franchisee's right to use the Proprietary Marks or to protect them against claims of infringement or unfair competition arising from their use of the marks. Furthermore, the Franchise Agreement does not provide compensation to the franchisee for the tangible costs of changing any Proprietary Mark. Any improvements made to the Proprietary Marks by the franchisee automatically become the property of Amorino or CPG.