Does the Apricot Lane franchise agreement's provisions applicable to the Marks also apply to additional trademarks, service marks, and commercial symbols authorized for use by the franchisee after the agreement date?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
All provisions of this Agreement applicable to the Marks apply to any additional trademarks, service marks, and commercial symbols authorized for use by and licensed to FRANCHISEE by FRANCHISOR after the date of this Agreement, all of which shall be considered part of the Marks.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, the franchise agreement's provisions regarding the Marks extend to any additional trademarks, service marks, and commercial symbols that Apricot Lane authorizes the franchisee to use after the agreement's effective date. These subsequently authorized marks are considered part of the Marks covered by the agreement. This means that all the rules and restrictions that apply to the original Apricot Lane trademarks also apply to any new marks the franchisee is later authorized to use.
This provision ensures that Apricot Lane maintains control over its brand identity and protects its trademarks, even as new marks are introduced. It prevents franchisees from using the marks in unauthorized ways and ensures consistent branding across all Apricot Lane locations. The franchisee acknowledges that Apricot Lane owns the Marks and that the franchisee's right to use them comes solely from the franchise agreement. Any unauthorized use of the Marks is a breach of the agreement and an infringement of Apricot Lane's rights.
For a prospective franchisee, this means they must adhere to all guidelines and restrictions set by Apricot Lane for any authorized marks, both current and future. They cannot contest the validity or ownership of any of the Marks. This also means that any goodwill generated through the use of these marks benefits Apricot Lane exclusively. Franchisees should be aware that Apricot Lane can modify or discontinue any Mark, and franchisees must comply with these changes without any recourse for losses incurred due to these changes.