What is the relationship between the Apricot Lane trademark registration in Item 13 and the franchisee's obligation to maintain the brand image as outlined in Item 9?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
mark Office for the relevant uses:
| MARK | REGISTRATION NUMBER | REGISTRATION DATE | |---|---|---| | APRICOT LANE | 3,011,274 | November 1, 2005 | All required affidavits and renewals necessary to maintain the above registered marks have been filed and accepted.
There are no currently effective material determinations of the Patent Office, Trademark Trial and Appeal Board, the trademark administrator of any state or any court, pending infringement, opposition, or cancellation proceedings or any pending material litigation involving the principal marks.
There are no agreements currently in effect that limit our right to use the principal marks. We are not aware of any other users of the mark APRICOT LANE or similar marks. There are no prior superior rights or infringing uses of the Marks actually known to COUNTRY VISIONS.
Should COUNTRY VISIONS change or modify the System, including the adoption and use of new or modified trade names, trademarks, service marks or copyrighted materials, new computer systems, new inventory items, new merchandising techniques, new equipment or new techniques, you will be required to accept, use and display these changes in the System as if they were part of the Franchise Agreement at the time you signed it. You will make expenditures as are reasonably required by these changes in the System, including changes in the Marks; however, your expenditures for these and other System modifications are limited as noted in Item 8 of this Disclosure Document. You shall not change, modify or alter the System in any way, except as directed by COUNTRY VISIONS.
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, Item 13 discusses the trademarks associated with the Apricot Lane brand, including registration details and the franchisee's obligations regarding their use. Specifically, the APRICOT LANE trademark is registered under registration number 3,011,274, with a registration date of November 1, 2005. The FDD states that Apricot Lane requires franchisees to adhere to changes or modifications to the 'System,' including new or modified trademarks. Franchisees are responsible for notifying Apricot Lane of any trademark infringements or challenges. Apricot Lane retains exclusive control over any litigation or proceedings related to the marks.
The relationship between Item 13 and Item 9, which covers the franchisee's obligations, is that franchisees must maintain the brand image and standards set by Apricot Lane, which includes proper use of the registered trademarks. Item 9 likely outlines the specific standards and guidelines franchisees must follow to uphold the brand's image, while Item 13 emphasizes the legal protection of the trademarks and the franchisee's duty to protect them. This means a franchisee must use the trademarks correctly in their store and marketing materials, as well as inform Apricot Lane of any potential misuse by others.
In practical terms, this means that if Apricot Lane updates its logo or other trademarks, franchisees are obligated to implement those changes in their stores and marketing materials. Furthermore, if a franchisee becomes aware of another business using the Apricot Lane trademark without authorization, they are required to notify Apricot Lane. Failure to comply with these requirements could result in a breach of the franchise agreement. This obligation ensures brand consistency and protects the value of the Apricot Lane trademark, which is a critical asset for both the franchisor and the franchisees.