What rights does an Anago franchisee have to use the Proprietary Marks?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
the Proprietary Marks when expanding into those territories.
Your Rights and Obligations With Respect to the Proprietary Property Including the Proprietary Marks
Your rights to use the Proprietary Marks are derived solely from your Subfranchise Rights Agreement and are limited to the operation of your Anago Subfranchise Rights Business under your Subfranchise Rights Agreement and all applicable standards, specifications, and operating procedures we require during the Term. Any unauthorized use of the Proprietary Property including the Proprietary Marks is a breach of your Subfranchise Rights Agreement and an infringement of our and ACS'srights in and to the Proprietary Marks. "Proprietary Property" refers to the Proprietary Marks, Confidential Information (as defined in Item 14) and copyrighted information or us and our affiliates that you are entitled to use under the Subfranchise Rights Agreement.
Your use of the Proprietary Property and any goodwill established by your use inures to our exclusive benefit. The Subfranchise Rights Agreement does not confer any goodwill or other interest in the Proprietary Property to you, other than the right to operate an Anago Subfranchise Rights Business in compliance with the Subfranchise Rights Agreement in the Area. All provisions of the
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.
Upon any claim of infringement, unfair competition or other challenge to your right to use any Proprietary Property, or if you become aware of any use of or claims to any Proprietary Property by persons other than us, ACS, our Subfranchisors or any Unit Franchisees, you must notify us promptly (within 7 days) in writing. You may not communicate with anyone except us and our counsel in any infringement, challenge or claim except under judicial process. We have sole discretion as to whether we take any action in any infringement, challenge or claim, and the sole right to control any litigation or other proceeding involving any infringement, challenge or claim of any Proprietary Property.
Source: Item 13 — TRADEMARKS (FDD pages 38–41)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, a franchisee's rights to use the Proprietary Marks are derived solely from the Subfranchise Rights Agreement and are limited to operating the Anago Subfranchise Rights Business under the terms of this agreement. This includes adhering to all applicable standards, specifications, and operating procedures required by Anago during the term of the agreement. Any unauthorized use of the Proprietary Marks is considered a breach of the Subfranchise Rights Agreement and an infringement of Anago's rights. The term "Proprietary Property" encompasses the Proprietary Marks, Confidential Information, and copyrighted information that the franchisee is entitled to use under the agreement. The franchisee must use the Proprietary Marks as the sole trade identification of their Anago franchise and identify their business as an independent owner and operator in the required form.
The franchisee must use all Proprietary Marks and other commercial symbols in full compliance with Anago's rules. They are prohibited from using any Proprietary Marks in the sale of unauthorized products or services or in any manner not explicitly authorized by Anago. The franchisee cannot use the Proprietary Marks as part of their corporate or partnership name and must follow Anago's instructions when applying for any fictitious, trade, or assumed name. Additionally, the franchisee may not use the Proprietary Property as security for any obligation or indebtedness.
An Anago franchisee cannot register or use any domain name or URL that contains 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, without Anago's prior written consent. Similarly, the franchisee may not use any Proprietary Mark or any derivation of the Proprietary Marks on the Internet, in any electronic advertising, or social media, without prior written consent from Anago.
The franchisee is obligated to notify Anago promptly (within 7 days) in writing upon any claim of infringement, unfair competition, or other challenge to their right to use any Proprietary Property, or if they become aware of any unauthorized use of the Proprietary Property. The franchisee may only communicate with Anago and its counsel regarding any infringement, challenge, or claim, except under judicial process. Anago has sole discretion over whether to take action in any such case and the sole right to control any related litigation. If Anago deems it advisable to modify or discontinue the use of any Proprietary Mark, the franchisee is obligated to comply at their sole expense within 30 days of Anago's request.