What section of the Annex Brands Franchise Agreement covers the marks owned by Annex Brands?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisor has expended time, skill, money and effort to publicize the System and the products and services offered under the System. Franchisor has developed and will continue to develop valuable goodwill in the maintenance and use of its service marks, trademarks, trade names, and trade dresses by it and its authorized franchisees, and has developed or acquired, or may develop or acquire, other service marks, trademarks, trade names, trade dresses and identifiers for use under the System, all of which trademarks, service marks, trade names, trade dresses and identifiers are, and will remain, Franchisor's sole property (collectively the "Marks").
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to the 2025 Annex Brands Franchise Disclosure Document, the marks owned by Annex Brands are addressed in the recitals section of the franchise agreement. Specifically, the franchise agreement states that Annex Brands has developed and will continue to develop valuable goodwill through the use of its trademarks, service marks, trade names and trade dresses. Annex Brands also may develop or acquire other service marks, trademarks, trade names, trade dresses and identifiers for use under the System. The agreement explicitly states that all of these marks are and will remain the sole property of Annex Brands.
This section of the franchise agreement clarifies that Annex Brands owns all rights to its brand's intellectual property. As a franchisee, you are granted a license to use these marks, but you do not own them. This is a standard arrangement in franchising, as it allows the franchisor to maintain consistent branding across all franchise locations.
Prospective franchisees should carefully review the entire franchise agreement, including the recitals, to fully understand their rights and obligations regarding the use of Annex Brands' trademarks and other intellectual property. It is important to understand how you can use the marks in your business and what restrictions or guidelines you must follow.