factual

What rules must an Amorino franchisee follow when using the Proprietary Marks?

Amorino Franchise · 2025 FDD

Answer from 2025 FDD Document

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.

If we decide that you should modify or discontinue your use of any Proprietary Mark and/or use one or more additional or substitute Proprietary Marks, you must comply with this decision. We are not obligated by the franchise agreement or otherwise to protect any or all rights that you have to use our Proprietary Marks or to protect you against claims of infringements or unfair competition arising out of your use of the Proprietary Marks.

The Franchise Agreement does not provide for you to receive compensation for tangible costs of changing any Proprietary Mark. Any and all improvements that you make to any Proprietary Mark or to any Proprietary Product shall belong to us or CPG.

Source: Item 13 — TRADEMARKS (FDD pages 50–52)

What This Means (2025 FDD)

According to Amorino's 2025 Franchise Disclosure Document, franchisees must adhere to specific rules when using Amorino's Proprietary Marks. These marks are essential for representing the brand, and maintaining consistency in their use is crucial. Amorino prohibits franchisees from using any Proprietary Mark as part of their business entity name or with any unauthorized modifications, such as prefixes, suffixes, or other altering words, terms, designs, or symbols, except for logos explicitly licensed by Amorino.

Furthermore, franchisees are not allowed to use any Proprietary Mark in selling unauthorized services or in any manner not explicitly authorized in writing by Amorino. The marks must not be altered in color or proportions, and no additions, deletions, or modifications are permitted. Franchisees must immediately inform Amorino of any infringement or challenges to the use of any Proprietary Mark, and Amorino retains the sole discretion to take action to protect these marks.

Amorino also has the right to decide if a franchisee needs to modify or discontinue the use of any Proprietary Mark, or to use additional or substitute Proprietary Marks, and the franchisee must comply with this decision. While Amorino will defend franchisees against claims arising from their authorized use of the Proprietary Marks, the company is not obligated to protect franchisees against claims of infringements or unfair competition arising out of their use of the Proprietary Marks. Any improvements made to the Proprietary Marks or Products by the franchisee will belong to Amorino or CPG.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.