When using the Manager's Trademark, what is C3 Wellness Spa required to acknowledge?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
1.04. Acknowledgment and Marking.
- (a) In using Manager's Trademark, Practice will acknowledge Manager's ownership of the Trademark, including properly marking any products or services.
- (b) The Parties will comply with all reasonable conditions set forth in writing from time to time by Manager with respect to style, appearance, and manner of use of the Trademark.
- (1) Prior to a new use of Manager's Trademark, Practice will submit to Manager for approval representative samples of all proposed materials bearing the Trademark. Upon receipt of a proposed use of Manager's Trademark, Manager will have 10 business days to review the proposed use and to determine its acceptability based upon Manager's reasonable discretion. If Manager does not object to the proposed use in writing within the 10-day period, then Practice will be permitted to proceed with the proposed use. If Manager does object to the proposed use in writing (which
(2) In connection with Practice's use of Manager's Trademark, Practice agrees to make proper use of the “®” symbol or other proper notice to indicate a federally registered mark, and the “™” symbol to indicate an unregistered mark. Upon receiving notice from Manager that the use of a registration notice or “™” symbol is incorrect or otherwise unacceptable, Practice will promptly modify such uses to obviate Manager's objections.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to the 2024 C3 Wellness Spa Franchise Disclosure Document, when a franchisee (referred to as "Practice" in the license agreement) uses the C3 Wellness Spa trademark, they must acknowledge the manager's (franchisor's) ownership of the trademark. This includes properly marking any products or services with the appropriate trademark symbols.
Prior to using the trademark in a new way, the franchisee must submit samples of all proposed materials bearing the trademark to the franchisor for approval. The franchisor then has 10 business days to review and determine if the proposed use is acceptable based on their reasonable discretion. If the franchisor does not object in writing within this 10-day period, the franchisee is permitted to proceed with the proposed use.
The C3 Wellness Spa franchisee also agrees to use the "®" symbol or other proper notice to indicate a federally registered mark, and the "™" symbol to indicate an unregistered mark. If the franchisor notifies the franchisee that the use of a registration notice or "™" symbol is incorrect or unacceptable, the franchisee must promptly modify such uses to meet the franchisor's objections.
These stipulations ensure that C3 Wellness Spa maintains control over its brand and that franchisees use the trademarks correctly, protecting the brand's integrity and legal standing. This is a fairly standard practice in franchising, as franchisors need to protect their trademarks and ensure consistent brand representation across all franchise locations.