Can I use the phrase 'Bath Tune-Up of' as a fictitious business name?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 13 — TRADEMARKS (FDD pages 36–37)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, franchisees are permitted to use the phrase "Bath Tune-Up of " as a fictitious business name. However, this use is conditional, as franchisees must first obtain approval from Bath Tune Up for their chosen fictitious business name. This ensures that the name aligns with the brand's standards and does not infringe on any existing trademarks or create confusion in the market.
Beyond the specific allowance for "Bath Tune-Up of ", the FDD also states that franchisees cannot use any part of Bath Tune Up's name or marks as their company's legal name. Additionally, franchisees are prohibited from using any modifying words, designs, or symbols with Bath Tune Up's marks without explicit authorization. This underscores the importance of adhering to Bath Tune Up's trademark guidelines to maintain brand consistency and avoid potential legal issues.
It is important to note that Bath Tune Up maintains control over the use of its trademarks and will take action against any infringements. Franchisees are obligated to notify Bath Tune Up immediately if they become aware of any infringement or challenge to the use of the marks. Bath Tune Up will also defend franchisees against claims arising from their authorized use of the marks, except in cases involving prior users of the "BATH TUNE-UP®" name. Franchisees may be required to modify or discontinue the use of the marks at their own expense if Bath Tune Up makes changes to them.