Does the Bath Tune Up franchise agreement provide franchisees with any rights to use Bath Tune Up's patents?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
BATH TUNE∙UP | Registered November 2, 2021 | | Registration No. 6713108 | | Registered April 26, 2022 |We have filed, and intend to continue to file, all required renewal applications and affidavits. BATH TUNE∙UP is registered on the Principal Register of the United States Patent and Trademark Office.
You must follow our rules when you use our Marks. You cannot use all or any part of our name or Marks as all or part of your company's legal name. You may not use any modifying words, designs or symbols with our Marks. You may use the phrase "Bath Tune-Up of " as a fictitious business name. You must obtain our approval for your fictitious business name. You may not use our Marks or name in connection with the sale of unauthorized product or service or in a manner we have not authorized in writing.
No agreements limit our rights to use or license the use of our Marks.
You must notify us immediately if you learn about an infringement of or challenge to your use of our Marks. We will take the action we think appropriate. We will defend you against any claim against you because of your authorized use of our Marks or any judgment resulting from a claim, suit or demand arising from your use of the Marks according to the terms of the franchise agreement except a claim by a prior user of the name "BATH TUNE-UP®". We control any administrative proceedings or litigation involving a trademark we license to you.
You must modify or discontinue the use of our Marks at your own expense if we modify or discontinue them. You may not directly or indirectly contest our right to our Marks.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 37)
What This Means (2025 FDD)
According to the 2025 Bath Tune Up Franchise Disclosure Document, the document does not explicitly grant franchisees rights to use any of Bath Tune Up's patents. The FDD does mention trademarks and the franchisee's responsibilities regarding their use. Bath Tune Up is registered on the Principal Register of the United States Patent and Trademark Office. Franchisees must adhere to Bath Tune Up's rules when using their marks and cannot use any part of the name or marks as their company's legal name.
Franchisees are required to notify Bath Tune Up immediately if they become aware of any infringement or challenges to the use of the marks. Bath Tune Up will defend the franchisee against claims arising from the authorized use of the marks, except for claims by prior users of the name "BATH TUNE-UP®". Bath Tune Up retains control over administrative proceedings or litigation involving the licensed trademarks.
Bath Tune Up may modify or discontinue the use of the marks, and franchisees must comply at their own expense. Franchisees cannot contest Bath Tune Up's rights to the marks. The document does not specify any patents that franchisees are authorized to use, so a prospective franchisee should confirm with Bath Tune Up whether any patents are relevant to the franchise operation and how those patents may be used.