Who owns the right to use and sublicense the Proprietary Marks for Anago?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 5.1 - Ownership
- (a) Anago Cleaning Systems, Inc. ("ACS") is the current owner of all right, title, and interest in and to the Proprietary Marks, as well as the goodwill associated with such marks, subject to the rights of senior users, if any. Franchisor owns the right to use and sublicense the use of the Proprietary Marks.
- (b) Subfranchisor's use of the Proprietary Marks pursuant to this Agreement does not give Subfranchisor any ownership interest or other interest in or to the Proprietary Marks, except the license granted by this Agreement. Any and all goodwill arising from Subfranchisor's use of the Proprietary Marks shall inure solely and exclusively to Franchisor's and/or its Affiliates' benefit, and upon expiration or termination of this Agreement, no monetary amount shall be assigned as attributable to any goodwill associated with Subfranchisor's use of the System or the Proprietary Marks.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, Anago Cleaning Systems, Inc. (ACS) owns all rights, title, and interest in the Proprietary Marks associated with the Anago franchise system. This ownership is subject to the rights of senior users, if any exist. As the owner, ACS has the right to use and sublicense the use of these Proprietary Marks.
For a subfranchisor, the agreement specifies that their use of the Proprietary Marks does not grant them any ownership or other interest in the marks, except for the license explicitly granted in the agreement. Any goodwill that arises from the subfranchisor's use of the Proprietary Marks will exclusively benefit Anago and its affiliates. Upon the expiration or termination of the subfranchise agreement, no monetary value will be assigned to any goodwill associated with the subfranchisor's use of the system or the Proprietary Marks.
This arrangement is typical in franchising, where the franchisor retains ownership and control over its trademarks and brand identity. This allows Anago to maintain consistent branding and quality standards across all franchise locations. Prospective subfranchisors should understand that they are essentially renting the use of the Anago brand and system, and they will not gain any equity in the brand itself.