Can a Bath Tune Up franchisee use the Bath Tune Up Marks or System for other businesses without permission?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
o so, sign in Franchisee's name and on Franchisee's behalf any and all documents necessary, in Franchisor's judgment, to end and cause a discontinuance of the use by Franchisee of the Marks and fictitious business name registrations and Franchisor is hereby irrevocably appointed and designated as Franchisee's attorney-in-fact to do so.
6.4. Use of Other Trademarks
Franchisee may not use or display or permit the use or display of trademarks, trade names, Marks, insignias or logotypes, other than the fictitious business name (i) in any advertisement that contains the words "BATH TUNE-UP®" or any other Marks, (ii) in or on any place of business of Franchisee in any manner that is reasonably visible from outside the place of business, or (iii) in any computer system used at any place of business of Franchisee, or otherwise in connection with the Franchised Business, in any
manner that could lead any person to believe that the other trademarks, trade names, Marks, insignias, or logotypes or the products or services with which they are associated are owned or offered by the Franchisor or its Affiliates, except as otherwise expressly permitted in this Agreement or in the Manuals.
**6.5.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, franchisees generally cannot use Bath Tune Up's trademarks (Marks) or System for other businesses without express permission. The FDD outlines specific restrictions on trademark usage to protect the brand's identity and reputation.
Specifically, a Bath Tune Up franchisee cannot use the Bath Tune Up Marks in advertising or on any place of business in a manner that could suggest that the franchisee's other products or services are owned or offered by the franchisor, unless expressly permitted by the franchise agreement or the manuals. This restriction ensures that customers do not get confused about which services or products are officially endorsed by Bath Tune Up.
However, a Bath Tune Up franchisee may sell goods or services through the Internet in compliance with the manuals or with Bath Tune Up's prior written consent, but only in the manner and in accordance with the procedures, policies, standards, and specifications that Bath Tune Up establishes from time to time. This exception allows franchisees to leverage online sales channels under controlled conditions, maintaining brand consistency and quality.
Overall, these trademark restrictions are typical in franchising to maintain brand uniformity and prevent customer confusion. A prospective Bath Tune Up franchisee should carefully review the franchise agreement and manuals to fully understand the scope of these restrictions and the specific conditions under which they can use the Bath Tune Up Marks and System.