Is a Bath Tune Up franchisee required to file a Fictitious Business Name Statement?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
(b) In connection with the operation of the Franchised Business, Franchisee agrees that at all times and in all advertising, promotions, signs, and other display materials, on its letterheads, business forms, and at all authorized business sites, in all of its business dealings related to them and to the general public, it will identify the Franchised Business under a fictitious business name, approved by Franchisor, together with the words "AN INDEPENDENTLY OWNED AND OPERATED FRANCHISEE" or any other similar designation that is prescribed by Franchisor, all in the form, size, and style as prescribed in the Manuals. In its sole discretion, Franchisor retains the right to deny the use of certain words or phrases in the fictitious business name. Franchisee will file and keep current a "Fictitious Business Name Statement" (or similar document) with respect to its fictitious business name in the county or other designated region in which Franchisee is conducting business and at any other places as may be required by law. Prior to beginning business under the Marks, Franchisee will supply evidence satisfactory to Franchisor that Franchisee has complied with relevant laws regarding the use of fictitious business names. Franchisor must approve in advance the total appearance of the fictitious business name (and other identifying words). Franchisee further agrees that it will not identify itself as (i) Franchisor, (ii) a subsidiary, parent, division, shareholder, partner, joint venturer, agent, or employee of Franchisor or other owner of the Marks or (iii) any of Franchisor's other franchisees. If Franchisee is a corporation, Franchisee will not use in its corporate name either the Marks or any words confusingly similar thereto.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, franchisees are required to file a Fictitious Business Name Statement. Specifically, when operating the franchised business, the franchisee must identify it under a fictitious business name approved by Bath Tune Up, accompanied by the designation "AN INDEPENDENTLY OWNED AND OPERATED FRANCHISEE" or a similar phrase as prescribed in the manuals. The franchisor retains the right to deny the use of certain words or phrases in the fictitious business name.
To comply with this requirement, the franchisee must file and maintain a current "Fictitious Business Name Statement" (or a similar document) with the relevant county or designated region where they conduct business, as well as any other locations mandated by law. Before commencing operations under the Bath Tune Up marks, the franchisee must provide satisfactory evidence to the franchisor that they have adhered to all relevant laws pertaining to the use of fictitious business names. The franchisor must give advanced approval for the overall appearance of the fictitious business name and any other identifying words.
This requirement ensures that the Bath Tune Up franchise operates under a name that is both compliant with local regulations and approved by the franchisor, maintaining brand consistency and clarity in its business dealings. It also protects Bath Tune Up from any potential legal issues related to the use of business names. Franchisees must ensure they complete this filing and receive approval before starting operations to avoid any delays or legal complications.