factual

What constitutes misuse of the Marks of Aplus that could lead to termination of the franchise agreement?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

(4) use the Marks except in connection with the APlus mini market/Express and Sunoco Branded Motor Fuels.

You further agree not to:

  • (5) claim any right, title, or interest in or to such Marks;
  • (6) directly or indirectly deny or assail or assist others in denying or assailing the sole and exclusive ownership or right to control, as between Sunoco and you, of Sunoco in and to the Marks;
  • (7) register, adopt as your own property, or use or assist others in registering, adopting, or using any Marks, advertising, signs, devices, symbols, slogans, designs, or other trade indicia confusingly similar to the Marks; or
  • (8) commit other trademark violations or acts that would affect the value of the Marks or Sunoco's good will and ownership rights thereto. Any rights to any Marks obtained by you contrary to the foregoing provisions shall be held in trust for Sunoco and, upon request, you shall assign such rights free of charge to Sunoco.
  • (D) Sunoco may revise specifications for its Marks and their display requirements by giving you written notice. Any such revisions to specifications or display requirements must be fully implemented by you within the time period set forth in such written notice.
  • (E) This Lease covers the Premises only, and Sunoco does not lease its Sunoco or APlus service marks, trade dress, and service names, symbols, signs, logos, color combinations, or other forms of identification associated with Sunoco and/or the APlus franchise, to you except for use on the Premises in accordance with this Lease, your APlus Franchise Agreement for the operation of an APlus convenience store, and any Motor Fuel Supply Agreement between you and Sunoco.

Source: Item 23 — RECEIPT (FDD pages 68–302)

What This Means (2024 FDD)

According to the 2024 Aplus Franchise Disclosure Document, several actions related to the misuse of Aplus's Marks can lead to the termination of the franchise agreement. These include using the Marks for purposes other than the operation of the Aplus mini market/Express and Sunoco Branded Motor Fuels.

Specifically, an Aplus franchisee cannot claim any right, title, or interest in the Marks, nor can they deny or challenge Aplus's exclusive ownership or control of the Marks. Furthermore, franchisees are prohibited from registering, adopting, or using any marks, advertising, signs, devices, symbols, slogans, designs, or other trade indicia that are confusingly similar to Aplus's Marks.

Additionally, franchisees must adhere to any revisions Aplus makes to the specifications for its Marks and their display requirements, implementing these changes within the timeframe specified in a written notice from Aplus. The franchise agreement clarifies that the lease covers the premises only and does not extend to Aplus's service marks, trade dress, service names, symbols, signs, logos, color combinations, or other forms of identification, except for their approved use on the premises as outlined in the franchise agreement and any Motor Fuel Supply Agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.