As an Aplus franchisee, can I use the marks with modifying words that are not licensed to me?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
rially affect the use of the Marks.
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.
You must immediately notify us when you learn about an infringement of, or challenge to your use of, any Mark, or any claim by any person of any rights in any Marks, and you must not communicate with any person other than us and our counsel regarding any infringements, challenges, or claims unless you are legally required to do so, however, you may communicate with your own counsel at your own expense. We, at our expense, take the action we think appropriate in these situations; we have exclusive control over any settlement or proceeding concerning any Mark. You must take any actions that, in the opinion of our counsel, may be advisable to protect and maintain our interests in any proceeding or to otherwise protect and maintain our interests in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 47–50)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, franchisees have specific limitations regarding the use of Aplus's trademarks. As an Aplus franchisee, you are granted the exclusive right to use the marks only in the operation of your Aplus store, and you must adhere to Aplus's rules for their use.
You are required to use the marks as the sole trade identification for your Aplus store, unless otherwise specified. Critically, you are prohibited from using any name or mark as part of your corporate name or with any modifying words, designs, or symbols, except those explicitly licensed to you by Aplus. Additionally, you cannot use the marks in connection with the sale of unauthorized services or products, or in any manner not explicitly authorized in writing by Aplus.
Any unauthorized use of the marks constitutes a breach of the Franchise Agreement and an infringement of Aplus's rights. Franchisees are also prohibited from contesting the validity or ownership of the marks, including any marks licensed after the Franchise Agreement is signed, or assisting others in doing so. This ensures the protection and integrity of the Aplus brand and its trademarks.
In the event that Aplus requires you to modify or discontinue the use of any mark, you must do so within 30 days of written notice and use alternative trademarks or service marks designated by Aplus. However, Aplus is not obligated to reimburse you for any costs associated with modifying or discontinuing the use of a mark, or for substituting another trademark or service mark. If Aplus adopts new or modified marks, you will be required to adapt your Aplus store to these changes, although you do not have to spend an amount unreasonably disproportionate to your initial investment during the initial term of the Franchise Agreement.