As an Aplus franchisee, what authorization does Sunoco provide regarding trademarks?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
.04 of the Motor Fuel Supply Agreement and certain APlus Store equipment as more fully described in Item 7 of the APlus Franchise Disclosure Document for your particular size APlus Store (hereinafter collectively referred to as "Loaned Equipment") for use by you in operating your Sunoco APlus franchise. The Loaned Equipment is or will be installed on the Premises by Sunoco. The Loaned Equipment is subject to the same terms and conditions of this Lease applicable to the Premises. Lessor and you agree that Lessor, in its sole discretion, may replace any of the Loaned Equipment. You further agree not to remove or collateralize the Loaned Equipment from the Premises without prior written approval of Lessor.
Trademarks
(C) It is understood and agreed that you are a "franchisee" and a "retailer" as defined by the Petroleum Marketing Practices Act, 15 U.S.C. § 2801 et seq. (the "PMPA"). As such, you are authorized and permitted by Sunoco to display certain trademarks owned, controlled, or licensed by Sunoco in connection with the sale of Sunoco's branded Motor Fuel and APlus convenience store items from the Premises. The service marks, trade dress, service names, advertising, signs, devices, symbols, slogans, and designs and other trade indicia adopted and used or authorized for use by Sunoco in Sunoco's business related to such APlus mini market/Express and Sunoco Branded Motor Fuel (collectively, "Marks"). You are authorized and permitted to display the Marks in connection with the sale of such APlus items and the resale of such Sunoco Branded Motor Fuel, provided that all Marks are displayed or used in the manner as specified by Sunoco. As used herein, "Sunoco Branded Motor Fuels" shall mean Sunoco Motor Fuels manufactured, authorized, or supplied and delivered by Sunoco to your Premises for purposes of sale to the motoring public through dispensing pumps bearing Sunoco's brand identification. Sunoco shall be the sole determiner of specifications, grades,
types, and authorized sources of Sunoco Branded Motor Fuels.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Sunoco, as the franchisor, authorizes franchisees to display certain trademarks. As a franchisee, you are authorized and permitted by Sunoco to display trademarks owned, controlled, or licensed by Sunoco. This authorization is specifically for the sale of Sunoco's branded Motor Fuel and APlus convenience store items from the franchisee's premises. These trademarks include service marks, trade dress, service names, advertising, signs, devices, symbols, slogans, and designs related to the APlus mini market/Express and Sunoco Branded Motor Fuel.
This authorization is conditional. Franchisees must display and use the trademarks in the manner specified by Sunoco. All trademark rights and goodwill resulting from the franchisee's display or use of the trademarks and sale of Sunoco Branded Motor Fuels benefit Sunoco. Sunoco retains the right to change, alter, or modify any of the trademarks or their manner of display or use without prior notice to the franchisee.
The agreement also places restrictions on the franchisee's use of Sunoco's trademarks. Franchisees cannot adulterate, mislabel, or misbrand motor fuels, contaminate such fuels, or add any ingredient without Sunoco's prior written consent. Furthermore, franchisees can only use the trademarks in connection with the APlus mini market/Express and Sunoco Branded Motor Fuels. This ensures that the trademarks are used appropriately and consistently, maintaining the brand's integrity.