factual
Is the Aplus franchisee required to cooperate with the franchisor in the registration of Marks, and who bears the expense?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
6.1. Ownership
- 6.1.1. Franchisor represents that it or its Affiliate owns and/or has applied for registration of certain of the Marks with the appropriate authorities. Franchisee acknowledges that Franchisor has not made any representation or warranty to the effect that the Marks which have not been registered shall be registered or are able to be registered therein, and the failure to obtain registrations of any of the Marks shall not be deemed to be a breach of the terms of this Agreement by Franchisor. Moreover, Franchisee shall cooperate with Franchisor and its representatives, at Franchisor's expense, in the prosecution of any applications or registrations of any Marks which have been filed with the appropriate authorities. Franchisor undertakes to keep Franchisee informed of the progress in obtaining registration of the Marks, and any delay or inability to register any Mark shall not constitute a breach of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, franchisees are required to cooperate with Aplus and its representatives in the prosecution of any applications or registrations of any Marks which have been filed with the appropriate authorities.
The FDD specifies that Aplus will bear the expense of this cooperation. Aplus also undertakes to keep the franchisee informed of the progress in obtaining registration of the Marks.
It's important to note that Aplus does not guarantee that all Marks will be successfully registered. The failure to obtain registrations of any of the Marks will not be deemed a breach of the terms of the Franchise Agreement by Aplus.
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.