What is the geographic limit in which an Augusta Lawn Care franchisee can use the trade name and marks?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
You may use the Trade Name and Marks only in the operation of the Augusta Lawn Care Business within the Approved Territory in accordance with the terms and conditions of this Agreement and subject to the limitations specified by Augusta Lawn Care in the Manual or otherwise in writing. You shall not, under any circumstances, use the Trade Name or any of the Marks, including "Augusta Lawn Care" in any manner, in the name of your corporation, limited liability company, partnership or other legal entity. You may not license any third party to use Augusta Lawn Care's Trade Name and Marks. You may not use any other trade name or marks at the Approved Location, or in connection with the Augusta Lawn Care Business, without the express written consent and direction of Augusta Lawn Care. You shall refrain from engaging in any action (or failing to take any action) that causes or could cause damage to the Marks, the System, or the goodwill associated with the Marks.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care FDD, a franchisee may only use the trade name and marks within their Approved Territory. The agreement specifies that the franchisee's use of the trade name and marks must align with the terms and conditions outlined in the franchise agreement and adhere to any limitations set by Augusta Lawn Care in the manual or in writing.
It is important to note that the franchisee cannot use the trade name or any of the marks, including "Augusta Lawn Care," in the name of their business legal entity (corporation, LLC, partnership, etc.). Additionally, franchisees are prohibited from licensing the Augusta Lawn Care trade name and marks to any third party. The franchisee must also obtain express written consent from Augusta Lawn Care before using any other trade names or marks at the approved location or in connection with the Augusta Lawn Care business.
Augusta Lawn Care retains the right to modify its trade name and marks, and franchisees are obligated to implement these changes at their own expense. While franchisees are granted the right to operate within their approved territory, Augusta Lawn Care retains rights to operate concepts at temporary locations such as trade shows, offer franchises outside the approved territory, and sell proprietary services directly or indirectly, even within the franchisee's territory. This indicates that while franchisees have rights within their territory, Augusta Lawn Care maintains significant control over brand usage and business operations.