Does Clean Your Dirty Face grant franchisees the exclusive right to use the trademarks?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
We grant you the non-exclusive right and obligation to use the Marks in connection with your CYDF Facial Bar. You may not use any of the Marks as part of your firm or corporate name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols. You may not use the Marks in the sale of unauthorized products or services or in any manner we do not authorize. You may not use the Marks in any user name, screen name or profile in connection with any social networking sites, such as LinkedIn®, Instagram®, Facebook®, or YouTube®, except in accordance with our guidelines set forth in the Operations Manual or otherwise in writing periodically. You may not use the Marks in any advertising for the transfer, sale or other disposition of your CYDF Facial Bar or any interest in the franchise. Except for a Franchise System Website or with our prior written consent, you may not use the Marks as part of any domain name, homepage, electronic address, or otherwise in connection with a website, and then only under the terms we specify.
We license the Marks from Krishna IP ("Trademark Owner"), who owns all rights to the Marks, pursuant to a Trademark License Agreement (the "License Agreement"). The term of the License Agreement began on March 30, 2022 and will continue for 99 years unless terminated. The License Agreement may be terminated (resulting in the loss of our right to use and to sublicense the use of the Marks to you) by mutual agreement of the parties, or by Trademark Owner for a number of reasons, including if we default on any obligations, we are dissolved, make an assignment for the benefit of creditors, become insolvent, consent to appointment of a receiver, or our business is seized. All rights in and goodwill from the use of the Marks accrue to Trademark Owner. Except as described above, no agreement significantly limits our rights to use or sublicense the Marks in a manner material to the franchise.
Source: Item 13 — TRADEMARKS (FDD pages 40–42)
What This Means (2025 FDD)
According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, franchisees are granted a non-exclusive right to use the brand's trademarks in connection with their CYDF Facial Bar. This means that Clean Your Dirty Face retains the right to license the same trademarks to other franchisees or even use them themselves within the same geographic area. This non-exclusive right extends only to authorized products and services and must adhere to Clean Your Dirty Face's guidelines. Franchisees cannot incorporate the trademarks into their firm or corporate name, or use them with any modifications without explicit authorization.
Specifically, franchisees are restricted from using the trademarks in domain names, homepages, or electronic addresses without prior written consent from Clean Your Dirty Face, except for a Franchise System Website. Social media usage of the trademarks is also governed by guidelines set forth in the Operations Manual. These restrictions ensure consistent brand representation and prevent franchisee actions that could dilute or infringe upon the trademarks.
Clean Your Dirty Face also outlines the terms of its trademark license from Krishna IP, the Trademark Owner, which began on March 30, 2022, and extends for 99 years unless terminated. The agreement can be terminated by mutual agreement or by the Trademark Owner under specific circumstances, such as Clean Your Dirty Face defaulting on obligations or becoming insolvent. All goodwill associated with the trademarks accrues to the Trademark Owner. Franchisees must also notify Clean Your Dirty Face immediately of any potential infringement or challenges to the use of the trademarks.