What constitutes 'Marks' that Aplus franchisees are authorized to display?

According to Aplus's 2024 Franchise Disclosure Document, the term 'Marks' encompasses a range of identifiers that franchisees are authorized to use. These include the service mark 'APLUS,' along with other trade names, trademarks, service marks, trade dress, designs, graphics, logos, emblems, insignia, fascia, slogans, drawings, and other commercial symbols. The specific Marks that franchisees are permitted to use are those designated by Aplus for use in connection with the Franchised Business.

APlus retains ownership of these Marks, and franchisees are only allowed to use Marks that Aplus approves. Unauthorized use of the Marks by a franchisee constitutes a breach of the franchise agreement and an infringement of Aplus's rights. Any goodwill generated through the franchisee's use of the Marks benefits Aplus, and the franchisee does not acquire any ownership interest in the Marks through their use.

Upon termination or expiration of the franchise agreement, the franchisee must cease all use of the Marks. This includes refraining from using any slogans, symbols, logos, advertising materials, stationery, forms, or any other items associated with the Marks. The franchisee must also take necessary actions to cancel or assign to Aplus any assumed name registrations that contain the name APLUS or any other Mark. This ensures that the Aplus brand is protected and consistently represented, even after a franchise relationship ends.