Can I use the Bath Tune Up trademark as part of my company's legal 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 restricted from using the Bath Tune Up trademark in their company's legal name. While franchisees cannot incorporate the Bath Tune Up trademark into their legal business title, they are permitted to use the phrase "Bath Tune-Up of " as a fictitious business name, contingent upon receiving approval from Bath Tune Up.
This stipulation is typical in franchising, as franchisors like Bath Tune Up need to protect and maintain consistent branding across all franchise locations. By preventing franchisees from using the trademark in their legal names, Bath Tune Up ensures uniformity and prevents potential legal complications that could arise from independently named entities operating under the same brand.
Furthermore, franchisees must adhere to Bath Tune Up's guidelines when using their marks and are prohibited from using any modifications, words, designs, or symbols with the Bath Tune Up marks. Franchisees are also unable to use the Bath Tune Up marks in connection with unauthorized products or services or in any manner not explicitly approved in writing by Bath Tune Up. These regulations are put in place to maintain brand integrity and customer perception of Bath Tune Up franchises.
It is important to note that franchisees must immediately notify Bath Tune Up of any infringement or challenges to the use of their marks. Bath Tune Up will then take action they deem appropriate and will defend the franchisee against claims arising from authorized use of the marks, according to the franchise agreement, with the exception of claims by a prior user of the name "BATH TUNE-UP®".