What obligation does the Batteries Plus Bulbs franchisee have regarding identifying their store's ownership?
Batteries_Plus_Bulbs Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to the provisions contained in this Agreement, Franchisor grants Franchisee a franchise (the "Franchise") to own and operate a Batteries Plus® Store at a site approved by Franchisor and to use the Licensed Marks in operating the Store.
Multiple Unit Franchisee acknowledges that he has no interest in or to the Licensed Marks and Multiple Unit Franchisee's right to use the Licensed Marks is derived solely from the individual Franchise Agreements entered into between Multiple Unit Franchisee and Franchisor. Multiple Unit Franchisee agrees that all use of the Licensed Marks by him and any goodwill established exclusively benefits Franchisor. Multiple Unit Franchisee agrees that after termination or expiration of this Agreement, he will not, except with respect to Stores operated by Multiple Unit Franchisee under individual Franchise Agreements, directly or indirectly, identify himself or any business as a franchisee or former franchisee of, or otherwise associated with, Franchisor or use in any manner any Licensed Mark or trade dress of a Store or any colorable imitation thereof.
Source: Item 22 — Contracts (FDD page 80)
What This Means (2025 FDD)
According to the 2025 Batteries Plus Bulbs Franchise Disclosure Document, the franchisee is granted a franchise to own and operate a Batteries Plus Bulbs store at an approved site and to use the Licensed Marks in operating the store. The franchisee's right to use the System is specifically limited to the provisions of the Franchise Agreement and is subject to the supervision and control of Batteries Plus Bulbs.
The franchisee acknowledges that they have no interest in the Licensed Marks, and their right to use them comes solely from the Franchise Agreement. All use of the Licensed Marks by the franchisee and any goodwill established exclusively benefits Batteries Plus Bulbs. After the agreement terminates or expires, the franchisee cannot identify themselves or any business as a franchisee or former franchisee of Batteries Plus Bulbs, or use any Licensed Mark or trade dress of a store.
In practical terms, this means a Batteries Plus Bulbs franchisee must operate the store under the Batteries Plus Bulbs brand and System, and they cannot do anything to suggest they own the Batteries Plus Bulbs trademarks or associated intellectual property. This protects the brand's identity and ensures customers recognize the Batteries Plus Bulbs name and standards. After the franchise agreement ends, the franchisee must cease using the Batteries Plus Bulbs branding altogether, except at other stores they operate under a separate franchise agreement.