What Marks is an Aplus franchisee permitted to use?
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.
Franchisee is permitted and required to use only the Marks approved by Franchisor to conduct the business granted pursuant to, and in compliance with, this Agreement and all applicable standards, specifications and operating procedures prescribed from time to time by Franchisor. Any unauthorized use of the Marks by Franchisee is a breach of this Agreement and an infringement of the rights of Franchisor in and to the Marks. Franchisee's use of the Marks, and any goodwill created thereby, shall inure to the benefit of Franchisor. Franchisee shall not at any time acquire an ownership interest in the Marks by virtue of any use it may make of the Marks. This Agreement does not confer any goodwill, title or interest in the Marks to Franchisee. Franchisee shall not, at any time during the term of this Agreement or after its termination or expiration, contest the validity or ownership of any of the Marks or assist any other person in contesting the validity or ownership of any of the Marks.
Cease to use the Trade Secrets or other Confidential Information, the System and the Marks including, without limitation, all slogans, symbols, logos, advertising materials, stationery, forms and any other items which display or are associated with the Marks;
- 17.1.3. Take such action as may be necessary to cancel or assign to Franchisor, at Franchisor's option, any assumed name or equivalent registration filed with state, city or county authorities which contains the name APLUS or any other Mark, and Franchisee shall furnish Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within thirty (30) days after termination or expiration of this Agreement;
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to the 2024 Aplus Franchise Disclosure Document, franchisees are permitted to use specific Marks to conduct business. These Marks include the service mark "APLUS" and other trade names, trademarks, service marks, trade dress, designs, graphics, logos, emblems, insignia, fascia, slogans, drawings, and other commercial symbols that Aplus designates for use in connection with the franchised business.
The FDD specifies that franchisees are required to use only the Marks approved by Aplus and must comply with all standards, specifications, and operating procedures. Any unauthorized use of the Marks constitutes a breach of the franchise agreement and an infringement of Aplus's rights. Franchisees do not acquire any ownership interest in the Marks through their use, and all goodwill associated with the Marks benefits Aplus.
Upon termination or expiration of the franchise agreement, the franchisee must cease using the Marks, including slogans, symbols, logos, advertising materials, and stationery. They must also take necessary actions to cancel or assign any assumed names containing "APLUS" or any other Mark to Aplus. This ensures a consistent brand identity and prevents unauthorized use of Aplus's intellectual property after the franchise relationship ends.