What must a Big O Tires franchisee include in any application for a trade name or assumed name?
Big_O_Tires Franchise · 2025 FDDAnswer from 2025 FDD Document
You must observe all laws relating to the registration of trade names and assumed or fictitious names. You must include in any application for trade name or assumed or fictitious name a statement that your use of the Licensed Marks is limited by the terms of the Franchise Agreement, and provide us with a copy of the application and other registration documents.
Source: Item 13 — TRADEMARKS (FDD pages 75–77)
What This Means (2025 FDD)
According to Big O Tires's 2025 Franchise Disclosure Document, a franchisee must include a specific statement in any application for a trade name, assumed name, or fictitious name. This statement must explicitly state that the franchisee's use of Big O Tires's licensed marks is limited by the terms outlined in the Franchise Agreement. Additionally, the franchisee is required to provide Big O Tires with a copy of the application and any other registration documents related to the trade name or assumed name.
This requirement ensures that Big O Tires maintains control over its brand and trademarks, even when franchisees are operating under a different name for local compliance or marketing purposes. By including the statement about the Franchise Agreement's limitations, the public is made aware that the franchisee's rights to use the Big O Tires's trademarks are governed by a specific contract. This protects Big O Tires from potential misuse or unauthorized expansion of the brand by individual franchisees.
For a prospective Big O Tires franchisee, this means being diligent about adhering to these requirements when registering a trade name or assumed name. Failing to include the necessary statement or neglecting to provide copies of the application documents to Big O Tires could result in a breach of the Franchise Agreement. Franchisees should consult with legal counsel to ensure full compliance with these trademark-related obligations, as well as any local or state regulations regarding trade names and assumed names.
This is a fairly standard practice in franchising, as franchisors need to protect their trademarks and ensure consistent branding across all franchise locations. Franchisees benefit from using a well-established brand name like Big O Tires, but they must also respect the franchisor's rights and follow the rules for trademark usage.