Is an Amorino franchisee allowed to use any prefix with a Proprietary Mark?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
Other than the limitation on duration of the license set forth in the license agreement, there are no agreements currently in effect that significantly limit our right to use or license the use of the 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.
Source: Item 13 — TRADEMARKS (FDD pages 50–52)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from using any Proprietary Mark as part of a business entity name or with any prefix, suffix, or other modifying words, terms, designs, or symbols. The only exception is logos licensed by Amorino to the franchisee. This restriction is in place to protect the integrity and consistency of the Amorino brand.
This means that a franchisee cannot create a business name like "Amorino of [City]" or use phrases like "[Local Area] Amorino." The franchisee must adhere strictly to the approved branding and marketing materials provided by Amorino. This is a common practice in franchising, as franchisors need to maintain uniform brand recognition across all locations.
Furthermore, Amorino franchisees are not allowed to alter the Proprietary Marks in any way, including changing the color or proportions, or by adding, deleting, or modifying the marks. Franchisees must also notify Amorino of any infringement or challenges to the use of any Proprietary Mark, and Amorino has the sole discretion to take action to protect the marks. If Amorino decides that a franchisee should modify or discontinue the use of any Proprietary Mark, the franchisee must comply with this decision. These stipulations ensure that Amorino maintains control over its brand identity and can respond effectively to any legal challenges or market changes.
It is important to note that the Franchise Agreement does not obligate Amorino to protect a franchisee against claims of infringement or unfair competition arising out of the franchisee's use of the Proprietary Marks, nor does it provide compensation for tangible costs of changing any Proprietary Mark. Additionally, any improvements made to any Proprietary Mark or Product automatically belong to Amorino or CPG, its affiliate. This highlights the importance of adhering to Amorino's guidelines and seeking approval for any marketing or branding initiatives.