What part of the Annex Brands franchise agreement discusses limitations on the franchisee's use of the marks?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
- LIMITATIONS ON FRANCHISEE'S USE OF MARKS.
Franchisee agrees to use the Marks as the sole identifiers of the Center, provided that Franchisee will identify himself, herself or themselves as the independent owner of the Center in the manner prescribed by Franchisor.
Without Franchisor's prior written consent, Franchisee will not use any Mark as part of any corporate, partnership, firm or other formal business name, website address, domain name, email address or other identification in any print, digital, electronic or other medium, including email marketing programs, social media platforms, online directory listings, and other networking platforms, or with any prefix, suffix, or other modifying words, terms, designs or symbols, or in any modified form (see Attachment 8). (The terms "Franchisor's prior written consent" and "our prior written consent", as used in this Agreement and its Attachments, mean consent that is given by Franchisor based on then-current circumstances, but that may be withdrawn by Franchisor, if Franchisor later determines in its sole discretion that circumstances have changed, effective upon giving Franchisee 30 days' prior written notice of withdrawal.) Franchisee may not use any Mark in connection with the sale or performance of any unauthorized products or services, or in any other manner not expressly authorized in writing by Franchisor.
Franchisee agrees to display the Marks prominently at the Center, and in connection with advertising and marketing materials, only in the manner prescribed by Franchisor and in accordance with Franchisor's then-current advertising and marketing policies.
Franchisee agrees to obtain such fictitious or assumed name registrations as may be required under applicable law.
Franchisee must provide Franchisor with proof of such fictitious or assumed name filings.
Franchisee agrees to execute any and all instruments and documents, render such assistance and do such acts and things at Franchisor's expense as may, in the opinion of Franchisor, be necessary or advisable to protect and maintain the interests of Franchisor in the Marks in any litigation, or in any U.S.
Patent and Trademark Office or other proceeding, or otherwise to protect and maintain the interests of Franchisor in the Marks.
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to Annex Brands' 2025 Franchise Disclosure Document, the franchise agreement outlines specific limitations on how a franchisee can use the company's trademarks and service marks. The agreement states that the franchisee must use the marks as the sole identifiers of their Center, while also identifying themselves as the independent owner in a manner prescribed by Annex Brands.
Without prior written consent from Annex Brands, franchisees are prohibited from using any Mark as part of any corporate, partnership, firm, or other formal business name. This restriction extends to website addresses, domain names, email addresses, and any other form of identification in print, digital, electronic, or other media, including email marketing programs, social media platforms, and online directory listings. Franchisees also cannot use the Marks with any prefix, suffix, modifying words, terms, designs, or symbols, or in any modified form.
Furthermore, the agreement specifies that franchisees cannot use any Mark in connection with the sale or performance of unauthorized products or services, or in any manner not expressly authorized in writing by Annex Brands. Franchisees are required to display the Marks prominently at their Center and in advertising and marketing materials, but only in the manner prescribed by Annex Brands and in accordance with the company's then-current advertising and marketing policies. Franchisees must also obtain any necessary fictitious or assumed name registrations as required by applicable law and provide proof of such filings to Annex Brands.
Annex Brands retains the right to protect its Marks, and franchisees agree to assist in these efforts by executing necessary documents and providing assistance in legal proceedings at Annex Brands' expense. These stipulations ensure that Annex Brands maintains control over its brand identity and that franchisees use the Marks in a manner that aligns with the company's standards and policies.