How must an Amorino franchisee use the Proprietary Marks?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
You shall use only the Proprietary Marks designated by Amorino, in the manner that Amorino authorizes and permits, and shall use them with the symbols "®", "TM" , or "SM", as appropriate.
You shall use the Proprietary Marks only in connection with the operation and promotion of the Franchised Business, and only in the manner prescribed by Amorino.
You may not contest ownership or validity of the Proprietary Marks or any registration thereof, or engage in any conduct that adversely affects the ownership or registration of the Proprietary Marks, or Amorino's right to use or to sublicense the use of the Proprietary Marks.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to the 2025 Amorino FDD, franchisees must adhere to specific guidelines when using Amorino's Proprietary Marks. Franchisees are required to use only the Proprietary Marks designated by Amorino, and they must use them in the manner that Amorino authorizes and permits. Additionally, franchisees must use the appropriate symbols, such as "®", "TM", or "SM", with the marks. This ensures consistent branding and legal protection for the trademarks.
Amorino franchisees are permitted to use the Proprietary Marks only in connection with the operation and promotion of their Franchised Business, and they must do so in the manner prescribed by Amorino. This means that the marks can only be used for activities directly related to the Amorino franchise and in accordance with Amorino's guidelines. Franchisees are prohibited from contesting the ownership or validity of the Proprietary Marks or any registration thereof. They also cannot engage in any conduct that adversely affects the ownership or registration of the Proprietary Marks, or Amorino's right to use or sublicense their use.
These stipulations are typical in franchising, as they protect the brand's identity and reputation. By maintaining strict control over the use of its trademarks, Amorino ensures uniformity and quality across all franchise locations. This also helps to prevent any potential legal issues related to trademark infringement or misuse. Franchisees should carefully review these requirements to fully understand their obligations and ensure compliance with Amorino's standards.