Can the Franchisor prescribe in writing how the Caring Transitions franchisee uses the Marks?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
8.1 Use by Franchisee. Franchisee's right to use the Marks as granted in this agreement is limited to their use in connection with the operation of the franchised business within the Territory described in Section 1.2 and otherwise as described in this agreement and as set forth in the Manual or as may be prescribed in writing by Franchisor from time to time. Franchisee shall operate the franchised business under the trade name CARING TRANSITIONS along with any geographic appellation that Franchisor may designate. Franchisee shall not use any other trademark, trade name, geographic appellation, or assumed name in connection with the franchised business without Franchisor's prior written consent. Franchisee shall use the trade name CARING TRANSITIONS and/or any other Marks designated by Franchisee when providing Permitted Products and Services.
Franchisee shall display the Marks in the manner prescribed by Franchisor on all signs and all other advertising and promotional materials used in connection with the franchised business.
Franchisee specifically acknowledges and agrees that the word "advertising" as used in this agreement includes, but is not limited to, signs (including signs on motor vehicles and the interior and exterior of the Premises), URLs, e-mail addresses, Internet listings, banners, advertisements, or other services or links on or with the Internet, World Wide Web, Internet service providers, email services, communication providers, search engines, and similar services.
Franchisee shall use all Web sites relating to the franchised business required by Franchisor.
Franchisor shall have the sole right to control all aspects of the Web site, including, but not limited to, its design, content, functionality, links to the Web sites of third parties, legal notices, and policies and terms of usage.
Franchisee shall not directly or indirectly establish, maintain, or operate a separate Caring Transitions Web site without Franchisor's prior written consent.
(f) In order to maintain the goodwill in the System and in the business of Franchisor and Franchisor's licensees, Franchisor has the right to impose conditions and standards requirements on Franchisee's use of electronic distribution channels, including any Caring Transitions Web site maintained by Franchisee, including the following:
(i) Franchisor is to own all rights to all domain names containing any of the Marks or relating to the franchised business, any Permitted Products and Services, or any business that offers or sells products or services that compete with any products or services offered by Caring Transitions franchises.
Franchisee shall not register in its own name any domain name containing any of the Marks or relating to the franchised business, any Permitted Products and Services, or any business that offers or sells products or services that compete with any products or services offered by Caring Transitions franchises.
- (ii) In order to maintain the common identity of the System and the high-quality standards associated with the System, Franchisee shall obtain Franchisor's prior written approval for any domain name and for the form and content of any Caring Transitions Web site before Franchisee uses it on the Internet.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
According to the 2025 Caring Transitions Franchise Disclosure Document, Caring Transitions franchisees' rights to use the Caring Transitions marks are limited to operating the franchised business within their territory, as described in the agreement, the manual, or as prescribed in writing by the franchisor. The franchisee must operate under the trade name CARING TRANSITIONS, along with any geographic designation that Caring Transitions may specify. The franchisee cannot use any other trademark, trade name, geographic designation, or assumed name without Caring Transitions's prior written consent.
Specifically, Caring Transitions franchisees must display the marks as prescribed by Caring Transitions on all signs and advertising/promotional materials. The definition of "advertising" includes signs (including those on vehicles and premises), URLs, email addresses, internet listings, banners, and other online services. Any website is considered advertising and is subject to Caring Transitions's approval.
Caring Transitions retains significant control over the use of its marks, especially online. Caring Transitions has the right to establish and maintain a website, and franchisees must use any websites required by Caring Transitions. Franchisees cannot establish a separate Caring Transitions website without prior written consent. Caring Transitions also has the right to impose conditions and standards on a franchisee's use of electronic distribution channels and social media. Franchisees must obtain Caring Transitions's prior written approval for any domain name and the content of any Caring Transitions website. Caring Transitions is to own all rights to all domain names containing any of the Marks.