Does Aplus guarantee that all of its Marks which have not been registered will be registered?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- "Marks" means the service marks APLUS, and such other trade names, trademarks, service marks, trade dress, designs, graphics, logos, emblems, insignia, fascia, slogans, drawings, and other commercial symbols as Franchisor may designate to be used in connection with Franchised Business.
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.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
Based on the 2024 Aplus Franchise Disclosure Document, there is no mention of Aplus guaranteeing the registration of all its unregistered Marks. However, the FDD does define "Marks" as the service marks APLUS, and such other trade names, trademarks, service marks, trade dress, designs, graphics, logos, emblems, insignia, fascia, slogans, drawings, and other commercial symbols as Franchisor may designate to be used in connection with Franchised Business."
As an Aplus franchisee, you are permitted to use the Aplus Marks, but you agree not to claim any right, title, or interest in such Marks. You also agree not to register, adopt, or use any marks confusingly similar to the Aplus Marks. Any rights to the Marks obtained by you contrary to these provisions shall be held in trust for Sunoco, and you must assign such rights to Sunoco free of charge upon request.
Prospective franchisees should inquire with Aplus about the status of their trademarks and the process for protecting them. Understanding the scope of trademark protection and the responsibilities of both the franchisor and franchisee is crucial for maintaining brand consistency and avoiding potential legal issues.