What does Bath Tune Up state about the accuracy of trade name searches?
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, the franchisor acknowledges the limitations in guaranteeing the exclusive use of the "BATH TUNE-UP®" name within a specific territory. Bath Tune Up advises franchisees that other entities may have previously used the name before its registration and might retain the legal right to continue its use in their established geographical areas.
Bath Tune Up states that the methods for verifying trade name usage vary significantly by location. The franchisor cannot guarantee that the name is not currently in use within a franchisee's territory. These verification processes may involve searching local trademark and registration records, fictitious business name filings, or other records maintained by city, county, or state agencies. The FDD emphasizes that these searches may be imperfect and might not uncover all protected uses of the name.
Therefore, Bath Tune Up recommends that prospective franchisees seek advice from local counsel to understand appropriate search and protection mechanisms. Franchisees are expected to conduct their own thorough investigation within their territory before signing the franchise agreement to determine if any prior user of the "BATH TUNE-UP®" name exists. The franchisee also waives any claim that Bath Tune Up is liable for damages or losses resulting from prior use of the name by someone else.