If Anago adopts new trademarks during the term of the agreement, do the existing provisions apply to them?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
Subfranchise Rights Agreement applicable to the Proprietary Property will apply to any other trademarks, service marks, commercial symbols, designs, artwork, and logos that we adopt, use, authorize and sublicense to you to use during the Term.
You must use the Proprietary Marks as the sole trade identification of your Anago Franchise, and must identify your Anago Subfranchise Rights Business in the form we require as the independent owner and operator of the Anago Franchise. You must use all Proprietary Marks and other commercial symbols that we sublicense in full compliance with rules we require. You are prohibited from using any Proprietary Marks (including any future commercial marks we license) in the sale of any unauthorized product or service or in any manner we have not explicitly authorized. You cannot use the Proprietary Marks as, or part of, your corporate or partnership name. You must follow our instructions in applying for any fictitious, trade or assumed name for the Anago trade name. You may not use the Proprietary Property as security for any obligation or indebtedness.
Subfranchisor shall not register or use any domain name or URL that contains, uses or displays the words "Anago Cleaning Systems" or any portion thereof, or the initials "ACS," "AFI," or any Proprietary Marks, or other related or confusingly similar words or symbols, unless Subfranchisor first receives Franchisor's written consent. Subfranchisor may not use any Proprietary Mark or any derivation of the Proprietary Marks on the Internet, in any electronic advertising or social media, without the Franchisor's prior written consent.
Source: Item 13 — TRADEMARKS (FDD pages 38–41)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the Subfranchise Rights Agreement provisions applicable to the Proprietary Property will extend to any new trademarks, service marks, commercial symbols, designs, artwork, and logos that Anago adopts, uses, authorizes, and sublicenses to the franchisee during the term of the agreement. This means that any new branding elements introduced by Anago will automatically fall under the same rules and regulations as the existing trademarks.
This has several implications for a prospective Anago franchisee. First, it ensures that the franchisee's rights and obligations regarding trademark usage remain consistent throughout the term, regardless of any branding updates made by Anago. Second, it requires the franchisee to promptly adopt and use any new trademarks according to Anago's specifications.
Furthermore, the franchisee is prohibited from using any of Anago's Proprietary Marks, including future commercial marks, in the sale of unauthorized products or services or in any manner not explicitly authorized by Anago. The franchisee also cannot use the Proprietary Marks as part of their corporate or partnership name and must follow Anago's instructions for any fictitious, trade, or assumed name for the Anago trade name. This underscores the importance of adhering to Anago's brand standards and obtaining prior written consent for any use of the Proprietary Marks, especially in online advertising or social media. These stipulations are typical in franchising, as franchisors need to maintain brand consistency and control.