Who owns the "Anago" trademark?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
The "Anago" trademark is owned by ACS and has been registered on the Principal Register of the United States Patent and Trademark Office. ACS has licensed us the right to use and sublicense the use of the trademark. ACS has filed all required affidavits.
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.
Source: Item 13 — TRADEMARKS (FDD pages 38–41)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the "Anago" trademark is owned by ACS. However, Anago has been granted a license by ACS to use and sublicense the trademark. This agreement, which commenced on June 1, 2012, has an initial term of 10 years and automatically renews for successive one-year periods, provided Anago is not in default. Anago retains the right to renew the License Agreement unless in default, while ACS can terminate it with a 45-day notice before the current term expires or if Anago fails to rectify a default within the specified timeframe.
This arrangement means that while Anago franchisees are granted the right to use the "Anago" trademark, the ultimate control and ownership reside with ACS. If the license agreement between ACS and Anago were to terminate and ACS does not assume Anago's rights under the Subfranchise Rights Agreement, franchisees would no longer be permitted to use the Proprietary Marks, potentially leading to the termination of their Subfranchise Rights Agreement.
Prospective franchisees should be aware of this relationship between Anago and ACS, as it introduces a layer of dependency on the continuation of the licensing agreement. It is crucial to understand the terms of the License Agreement and the potential implications for franchisees should the agreement be terminated. This is a fairly typical arrangement in franchising, where a parent company owns the trademarks and licenses them to a subsidiary franchisor.