Who owns the Anago Proprietary Marks?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
ACS owns the Proprietary Marks. Under a license agreement dated June 1, 2012 (the "License Agreement"), ACS granted us a license to use the Proprietary Marks and to sublicense the Proprietary Marks to Subfranchisors throughout the United States and internationally under a Subfranchise Rights Agreement. The License Agreement is for an initial term of 10 years and renews automatically for successive one-year renewal periods. We have the right to renew the License Agreement if we are not in default. ACS has the right to terminate the License Agreement if we commit a default and do not cure the default within the specified time period or if ACS sends us notice of non-renewal 45 days before the expiration of the current term. If the License Agreement is terminated, and ACS does not elect to assume our rights under the Subfranchise Rights Agreement, you will not be permitted to use the Proprietary Marks in the operation of your business and your Subfranchise Rights Agreement may be terminated. There are no other agreements currently in effect that significantly limit our rights to use or license the use of the Proprietary Marks in any manner material to you or your franchisees.
Source: Item 13 — TRADEMARKS (FDD pages 38–41)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the Anago proprietary marks are owned by ACS. Anago is granted a license by ACS to use these marks and sublicense them to subfranchisors within the United States and internationally, under the terms of the Subfranchise Rights Agreement. This license agreement between ACS and Anago was established on June 1, 2012, for an initial term of 10 years, with automatic one-year renewals thereafter, provided Anago is not in default.
Anago's right to use and sublicense the Anago trademarks depends on maintaining this license agreement with ACS. If Anago defaults on the license agreement and fails to correct it, or if ACS provides a 45-day notice of non-renewal before the current term expires, ACS has the right to terminate the agreement. In the event of termination, and if ACS does not assume Anago's rights under the Subfranchise Rights Agreement, subfranchisors would no longer be allowed to use the proprietary marks, potentially leading to the termination of their Subfranchise Rights Agreement.
This arrangement means that while franchisees are granted the right to use the Anago trademarks, their rights are ultimately subject to the agreement between Anago and ACS. Prospective franchisees should be aware of this relationship and understand that their ability to operate under the Anago brand is contingent upon the continuation of the license agreement between Anago and ACS. It is important for potential franchisees to evaluate the stability and terms of this agreement as part of their due diligence.