Can an Apricot Lane franchisee use the Marks in any modified form?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
You may use the Marks only as permitted by the Franchise Agreement and in accordance with our guidelines. Any goodwill established by your use of the Marks belongs to COUNTRY VISIONS. You may not contest the validity or ownership of the Marks or assist another in contesting the Marks at any time during or following the term of the franchise.
You may not use any Mark as part of your corporate name, or in any modified form or in the sale of any unauthorized product or service, or in any manner not authorized in writing by COUNTRY VISIONS. You shall give notices of trademark and service mark registrations as specified by COUNTRY VISIONS and obtain fictitious or assumed name registrations required under applicable law.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from using the Marks in any modified form. The FDD states that franchisees may only use the Marks as permitted by the Franchise Agreement and in accordance with Apricot Lane's guidelines. Any goodwill established through the use of the Marks belongs solely to COUNTRY VISIONS. Franchisees are also barred from contesting the validity or ownership of the Marks, either during or after the franchise term.
This restriction extends to the franchisee's business name and the sale of unauthorized products or services. Franchisees must adhere to the trademark and service mark registration notices as specified by Apricot Lane and must also obtain any required fictitious or assumed name registrations under applicable law.
This is a fairly standard practice in franchising, as franchisors need to protect their brand identity and ensure consistent representation across all franchise locations. By preventing franchisees from modifying the Marks, Apricot Lane maintains control over its brand image and reduces the risk of consumer confusion or trademark infringement. Franchisees should carefully review the Franchise Agreement and Apricot Lane's guidelines to fully understand the permitted uses of the Marks and avoid any unauthorized modifications.