What are the 'Names and Marks' that Beehive Homes holds rights to used for the Homes?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
2.13. "Names and Marks" means the trade name, trademark or service mark "BEE HIVE HOMES®", the Trade Name and such other or similar names, service marks, trademarks, trade names and copyrights, together with all ancillary signs, symbols, slogans, phrases, emblems, designs and other indicia as are indicated by Franchisor and used in connection with the Home and the System.
3.4. Franchisee Name. Franchisee shall operate the Home under the trade name "BEE HIVE HOMES of ____________________" (the "Trade Name") and shall use no other name in connection with any operations conducted by Franchisee without the prior written approval of Franchisor. Franchisor may change the Trade Name or the way in which it is depicted, at its sole option. Franchisee shall use the Trade Name and such other of the Names and Marks as Franchisee may be authorized to use exclusively for the purpose of operating the Home pursuant to the franchise granted by this Agreement.
Franchisee shall display the Franchisee's Trade Name for all purposes, and on all signs, stationary, business cards, advertising materials and other media, in strict compliance with the requirements set forth in the Manual.
Franchisee shall file and keep current, in the county and/or state in which Franchisee's Home is located and at such other places as may be required by law, a "fictitious name certificate" or comparable instrument, for the Trade Name. Franchisee shall not, without Franchisor's prior written approval, use any of the Names and Marks, or the name "BEE HIVE HOMES®," or any form thereof in connection with (i) any corporate, partnership or other entity name or in any corporate or other entity filing with any political subdivision; (ii) any internet-related name (including a domain name); or (iii) any other business. Franchisee hereby agrees that if this Agreement is terminated for any reason, Franchisee shall immediately discontinue use of the Trade Name, as well as the Names and Marks.
- (a) Ownership of Goodwill. Franchisee acknowledges and agrees that any and all goodwill associated with the Home, the System, the Names and Marks, Trade Secrets and Copyrighted Materials, including any goodwill that might be deemed to have arisen through Franchisee's activities, shall inure directly and exclusively to the benefit of, and be owned solely by, Franchisor, except as otherwise provided herein or by applicable law.
- (b) Preservation of Goodwill. Franchisee acknowledges and agrees that valuable goodwill is attached to the Home, the System, the Names and Marks, Trade Secrets and Copyrighted Materials and that it will use the same solely in the manner prescribed by Franchisor, and will operate the Home and provide the services under the Names and Marks, Trade Secrets and Copyrighted Materials in strict accordance with the System, terms and conditions of this Agreement, the Manual and other operational Standards established by Franchisor from time to time. Franchisee covenants to protect and preserve the goodwill of the Names and Marks.
Source: Item 23 — RECEIPTS (FDD pages 34–123)
What This Means (2025 FDD)
According to Beehive Homes' 2025 Franchise Disclosure Document, the "Names and Marks" include the trade name, trademark, or service mark "BEE HIVE HOMES®", the Trade Name, and other similar names, service marks, trademarks, trade names, and copyrights. These also encompass all ancillary signs, symbols, slogans, phrases, emblems, designs, and other identifiers indicated by Beehive Homes and used in connection with the Home and the System.
Beehive Homes retains ownership of any goodwill associated with the Homes, System, Names and Marks, Trade Secrets, and Copyrighted Materials. Franchisees must use these assets as prescribed by Beehive Homes and in accordance with the System, the franchise agreement, the manual, and other operational standards. Franchisees are obligated to protect and preserve the goodwill of the Names and Marks.
Franchisees are required to operate under the trade name "BEE HIVE HOMES of ________" and must obtain written approval from Beehive Homes to use any other name. Beehive Homes reserves the right to change the Trade Name or its presentation at its discretion. The franchisee's use of the Trade Name and other authorized Names and Marks is exclusively for operating the Home under the franchise agreement. Franchisees must display their Trade Name on all signs, stationery, business cards, advertising, and other media, adhering strictly to the requirements in the manual.
Furthermore, franchisees must file and maintain a "fictitious name certificate" for the Trade Name in the relevant county and/or state. Without prior written approval from Beehive Homes, franchisees cannot use any of the Names and Marks, or the name "BEE HIVE HOMES®," in connection with any corporate, partnership, or other entity name, any internet-related name (including a domain name), or any other business. Upon termination of the franchise agreement, franchisees must immediately cease using the Trade Name and the Names and Marks.