What does the term 'Marks' refer to in the Bath Tune-Up franchise agreement?

According to the 2025 Bath Tune-Up Franchise Disclosure Document, the term 'Marks' encompasses various proprietary identifiers associated with the Bath Tune-Up brand. Specifically, it includes the registered trademark "BATH TUNE-UP®", any other trademarks registered or pending with the United States Patent and Trademark Office, and all common law trademarks.

In addition to registered and common law trademarks, the definition of 'Marks' extends to trade names, logotypes, insignias, designs, and other commercial symbols that Bath Tune-Up uses to identify its franchised businesses. This broad definition ensures that all aspects of the brand's visual and commercial identity are protected under the franchise agreement.

For a prospective franchisee, understanding the scope of 'Marks' is crucial because it dictates what branding elements they are authorized to use and how they must represent the Bath Tune-Up brand. Franchisees are obligated to adhere to the franchisor's guidelines regarding the use of these marks to maintain brand consistency and protect the goodwill associated with the Bath Tune-Up name. Any unauthorized use or modification of these marks could be a breach of the franchise agreement.