What does Bath Tune Up advise regarding obtaining advice from local counsel?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Franchisor has advised Franchisee that the name "BATH TUNE-UP®" may have been used by other people in the conduct of a Bath Improvements business prior to Franchisor's registration of its Mark and that those prior users may have the legal right to continue to use the name "BATH TUNE- UP™" in the geographical area in which they have used it. Franchisor has further advised Franchisee that the mechanisms for determining whether a particular trade name is being used by another person (i) vary substantially from locale to locale and Franchisor cannot assure Franchisee that the name "BATH TUNE-UP™" is not currently being used in the Territory, (ii) may require a search of local trademark and Mark registration records, fictitious business name filings, or both, or some other records maintained by city, county, or state agencies or entities, and (iii) may be imperfect and fail to reveal some protected uses. Franchisee understands that, before signing this Agreement and accepting the Territory, Franchisee should have obtained advice from local counsel regarding the appropriate search and protection mechanisms and have conducted an appropriate search and investigation in the Territory to determine whether there is any prior user of the name "BATH TUNE-UP®".
- (c) The name "BATH TUNE-UP®" may be in use by other businesses in the United States who are not Franchisor's franchisees or in any way affiliated with Franchisor. Franchisee acknowledges that Franchisee is responsible for finding out whether the name "BATH TUNE-UP®" is already being used in the Territory. As a material part of the consideration for Franchisor's grant of a franchise to Franchisee, Franchisee waives any claim that Franchisor is liable to Franchisee for damages or losses resulting from any prior use of the name "BATH TUNE-UP®" by anyone else. Nothing in the preceding sentence, however, will be considered to limit a party's respective obligations under Section 6.6 below.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, Bath Tune Up advises franchisees to seek advice from local counsel before signing the franchise agreement. This is because the name "BATH TUNE-UP®" may have been used by others before Bath Tune Up registered the mark, potentially giving those users legal rights to continue using the name in specific geographic areas.
Bath Tune Up acknowledges that determining whether a particular trade name is already in use can vary significantly from one location to another. Bath Tune Up cannot guarantee that the name is not currently being used in a franchisee's territory. The necessary search mechanisms may include checking local trademark and mark registration records, fictitious business name filings, or other records maintained by city, county, or state agencies. These searches may not always reveal all protected uses.
Therefore, Bath Tune Up advises prospective franchisees to consult with local counsel to conduct an appropriate search and investigation in their territory. This will help determine if there is any prior user of the name "BATH TUNE-UP®" and understand the appropriate search and protection mechanisms available. Franchisees are responsible for determining if the name is already in use in their territory and waive any claims against Bath Tune Up for damages or losses resulting from prior use of the name by others.