As an Aplus franchisee, can I use the marks in connection with the sale of unauthorized services?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
You do not receive any rights to the Marks other than the exclusive right to use them in the operation of your APLUS Store. You must follow our rules when you use the Marks. You must use the Marks as the sole trade identification of the APLUS Store, except as may be required otherwise. You cannot use a name or Mark as part of a corporate name or with modifying words, designs or symbols except for those which we license to you. You may not use any Mark in connection with the sale of any unauthorized services or products, or in any other manner that we do not authorize in writing. You must obtain a fictitious or assumed name registration if required by your state or local law. Any unauthorized use of the Marks by you is a breach of the Franchise Agreement and an infringement of our rights in the Marks. You must not contest the validity or ownership of the Marks, including any Marks that we license to you after you sign the Franchise Agreement. You must not assist any other person in contesting the validity or ownership of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 47–50)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, franchisees are explicitly prohibited from using Aplus's trademarks in connection with the sale of any unauthorized services or products. Franchisees must adhere to Aplus's rules when using the marks and use them as the sole trade identification of the Aplus store, unless otherwise required.
This restriction means that franchisees must obtain written authorization from Aplus before offering any new or different services or products that are not already approved under the franchise agreement. This ensures brand consistency and quality control across all Aplus locations. Failure to comply with this requirement constitutes a breach of the Franchise Agreement and an infringement of Aplus's rights in the marks.
Furthermore, franchisees cannot use any name or mark as part of their corporate name or with modifying words, designs, or symbols, except those licensed by Aplus. They are also required to obtain a fictitious or assumed name registration if mandated by state or local law. These stipulations are typical in franchising to protect the franchisor's brand identity and prevent consumer confusion.