If an Anago franchisee operates another business, what actions are they prohibited from taking that could cause confusion or dilute Anago's proprietary marks?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
ARTICLE 5 - PROPRIETARY PROPERTY
SECTION 5.1 YOUR USE OF THE PROPRIETARY PROPERTY.
You may use the Proprietary Property only in accordance with standards and specifications We determine. You agree that:
- (a) You will use the Proprietary Property only for the operation of the Anago Unit Franchise;
- (b) You will use the Proprietary Marks as the sole service mark identifications for the Anago Unit Franchise and will display prominently the Proprietary Marks on and/or with all materials We designate and authorize, and in the manner, We require;
- (c) You will not use the Proprietary Property as security for any obligation or indebtedness;
- (d) You will comply with Our instructions in filing and maintaining any required fictitious, trade or assumed business name registrations for the "Anago" trade name, for example, John Jones d/b/a "Anago" or ABC, Inc. d/b/a "Anago;"
- (e) You will sign all documents We or Our counsel deems reasonably necessary to obtain protection for the Proprietary Property and Our interest in the property;
- (f) You 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," or any Proprietary Marks, or other related or confusingly similar words or symbols, unless You first receive Our written consent. You may not use Proprietary Mark or any derivation of the Proprietary Marks on the Internet, in any electronic advertising or on social media, without Our prior written consent. You may not use any other trade name or marks at your Unit Franchise business, or in connection with your Unit Franchise business without Our express written consent;
- (g) If You do not operate Your Anago Unit Franchise out of Your residence but instead occupy a business premises, You will maintain a suitable sign or graphics package at, or near the front of the Premises, on any pylon sign, building directory or other area identifying the Premises only as "Anago." The signage must conform in all respects to Our requirements except to the extent prohibited by local governmental restrictions or landlord regulations; and
- (h) You will exercise caution when using the Proprietary Property to ensure that the Proprietary Property is not jeopardized in any manner.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, if a franchisee operates another business, they must avoid actions that could jeopardize Anago's proprietary property. Specifically, franchisees must use Anago's proprietary marks, including the service mark and logo "Anago", as the sole service mark identifications for their Anago Unit Franchise. They are required to prominently display these marks on all designated materials in the manner Anago requires.
An Anago franchisee cannot use the proprietary property as security for any obligation or indebtedness. They must also comply with Anago's instructions for registering any required fictitious, trade, or assumed business names, ensuring the "Anago" trade name is properly used (e.g., John Jones d/b/a "Anago"). Franchisees must sign documents deemed necessary by Anago or its counsel to protect the proprietary property and Anago's interest in it.
Furthermore, an Anago franchisee is prohibited from registering or using any domain name or URL that contains "Anago Cleaning Systems," its initials "ACS," or any confusingly similar words or symbols without prior written consent. They cannot use the proprietary marks or any derivation of them on the Internet, in electronic advertising, or on social media without Anago's prior written consent. Additionally, franchisees cannot use any other trade names or marks at their Unit Franchise business or in connection with it without express written consent from Anago. If operating from a business premises, the franchisee must maintain signage identifying the premises only as "Anago," conforming to Anago's requirements unless restricted by local regulations or landlord rules. Overall, franchisees must exercise caution to ensure the proprietary property is not jeopardized in any manner.