What standards must an Auntie Annes franchisee follow when using the Marks?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
You may only use in your Franchised Business the Marks we designate, and only in compliance with written rules that we prescribe from time to time.
Your limited license extends only to use of the Marks in accordance with (i) all applicable standards, operating procedures, policies, and guidelines that we prescribe—and from time to time amend during the duration of this Agreement, including those set forth in the Manuals and any other publications, if any, dedicated to proper use of the Marks; and (ii) all applicable Laws pertaining to advertising and marketing, including federal and state laws pertaining to telemarketing (including the Telephone Consumer Protection Act (the "TCPA")), false advertising, unfair competition and unfair practices.
You may not use any Mark or any words or designations similar to the Marks (i) as part of any corporate or legal business name, (ii) with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos we have licensed to you), (iii) in selling any unauthorized services or products, (iv) as part of any domain name, electronic address, metatag, search engine keyword, social media account, or otherwise in connection with any website or other electronic medium without our consent, or (v) in any other manner we have not expressly authorized in writing.
No materials on which any of the Marks appears will be used by you without our prior written approval, which may be revoked at any time upon reasonable notice to you.
You must display the Marks in a manner that we specify on signage at the Franchised Business and on forms, advertising, supplies, employee uniforms, business cards, and other materials we designate.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Annes's 2024 Franchise Disclosure Document, a franchisee's right to use the brand's Marks is limited to the operation of the Franchised Business at the Accepted Location and related advertising. The franchisee can only use the Marks that Auntie Annes designates, and must comply with the written rules that Auntie Annes prescribes, which may change over time.
The franchisee's license to use the Marks is contingent upon adherence to all applicable standards, operating procedures, policies, and guidelines that Auntie Annes prescribes, including those in the Manuals and other publications dedicated to the proper use of the Marks. Compliance with all applicable laws pertaining to advertising and marketing is also required, including laws regarding telemarketing, false advertising, unfair competition, and unfair practices.
The franchisee is prohibited from using any Mark or similar designations as part of any corporate or legal business name, with any unauthorized prefixes or suffixes, in selling unauthorized services or products, as part of any domain name or electronic address without consent, or in any other manner not expressly authorized in writing. All materials displaying the Marks are subject to Auntie Annes's prior written approval, which can be revoked with reasonable notice. The franchisee must display the Marks as specified by Auntie Annes on signage, forms, advertising, supplies, employee uniforms, business cards, and other designated materials.