Does the definition of 'Marks' for Augusta Lawn Care include trade dress?

According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the definition of "Marks" includes trade dress. The FDD specifies that the term "Marks" encompasses logotypes, service marks, and trademarks involved in the operation of an Augusta Lawn Care Business, including the name "Augusta Lawn Care" itself, along with any other trademarks, service marks, or trade names designated for use by franchisees.

Importantly, the definition explicitly extends to any distinctive trade dress used to identify an Augusta Lawn Care Business, regardless of whether that trade dress exists now or is created in the future. This means that the overall visual appearance and branding elements that distinguish an Augusta Lawn Care franchise are protected under the umbrella of "Marks."

For a prospective franchisee, this inclusion of trade dress within the definition of "Marks" is significant. It means that Augusta Lawn Care has the right to control and protect not only its name and logos but also the overall look and feel of its businesses. Franchisees must adhere to the franchisor's standards for trade dress to maintain brand consistency and avoid potential legal issues related to trademark or trade dress infringement.