If an Aplus franchisee obtains rights to any Aplus Marks, who are those rights held in trust for?

According to the 2024 Aplus Franchise Disclosure Document, any rights to Aplus Marks obtained by a franchisee contrary to the franchise agreement are to be held in trust for Sunoco. This means that if a franchisee somehow gains rights to the Aplus Marks in a way not permitted by the agreement, those rights legally belong to Sunoco, not the franchisee. The franchisee is obligated to transfer those rights to Sunoco at no cost.

This provision protects Sunoco's ownership and control over its trademarks. It prevents franchisees from attempting to register or use similar marks that could cause confusion or dilute the brand's value. It also ensures that Sunoco maintains the exclusive right to control the use and display of its marks.

For a prospective Aplus franchisee, this means understanding that they cannot claim any ownership or rights to the Aplus Marks beyond what is explicitly granted in the franchise agreement. Any attempt to do so would be a violation of the agreement and could result in legal action. Franchisees must also adhere to Sunoco's specifications for the use and display of the marks, as Sunoco may revise these requirements with written notice.