What is the significance of the 'Marks' in operating or identifying Clean Your Dirty Face Facial Bars?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
- (2) We and our affiliates use and promote, and license others to use and promote, certain trademarks, service marks, and other commercial symbols, and may create, use, and license other trademarks, service marks, and commercial symbols, each of which have gained and will continue to gain public acceptance and goodwill, for use in operating or identifying CYDF Facial Bars (collectively, the "Marks").
- (4) We grant franchises to persons who meet our qualifications and are willing to undertake the investment and effort to use the Marks and the Franchise System to own and operate a CYDF Facial Bar.
5. MARKS.
5.A. OWNERSHIP AND GOODWILL OF MARKS.
We have licensed you the Marks to use in connection with the development and operation of a CYDF Facial Bar. Your unauthorized use of any Marks will cause us and our affiliates irreparable harm for which there is no adequate remedy at law and will entitle us and our affiliates to injunctive relief. You acknowledge and agree that your use of the Marks and any goodwill established by that use are exclusively for our and our affiliates' benefit and this Agreement does not confer any goodwill or other interests in any Marks to you (other than the right to operate your Business under the terms of this Agreement). All provisions of this Agreement relating to the Marks apply to any additional proprietary trade and service marks we authorize for the Franchise System. You may not at any time during or after this Agreement's term contest or assist any other person in contesting the validity of any Marks or our and/or and our affiliates' ownership of any Marks.
15.C. MARKS.
In the case of expiration, you must remove all signs containing any Mark and return to us or destroy all items, forms and materials containing any Mark identifying or relating to a CYDF Facial Bars on or before the date on which this Agreement expires. In the case of a termination, you must immediately remove all signs containing any Mark and return to us or destroy all items, forms and materials containing any Mark identifying or relating to a CYDF Facial Bars.
When this Agreement expires or is terminated:
- you (and your owners) may not directly or indirectly at any time or in any manner (except with other CYDF Facial Bars you own and operate) identify yourself or any business as a current or former CYDF Facial Bars or as one of our current or former franchise owners; use any Mark, any colorable imitation of a Mark, or other indicia of a CYDF Facial Bar in any manner or for any purpose; or use for any purpose any trade name. trade or service mark, or other commercial symbol that indicates or suggests a connection or association with us:
- you agree to take the action required to cancel or assign all fictitious or assumed name or equivalent registrations relating to your use of any Mark;
- you agree to notify the telephone company and all telephone directory and Internet directory publishers of the termination or expiration of your right to use any telephone, facsimile, or other numbers and telephone directory listings associated with any Mark; to authorize the transfer of these numbers and directory listings to us or at our direction; and/or to instruct the listing company to forward all calls made to your numbers to numbers we specify. You agree that, as between you and us, on termination or expiration, we have the sole right and interest in the telephone numbers and listings, and you appoint us as your attorney-in-fact to direct the telephone company to assign the same to us and to sign any required documents on your behalf;
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, the "Marks" are trademarks, service marks, and commercial symbols that Clean Your Dirty Face and its affiliates use to operate and identify CYDF Facial Bars. These marks are developed and promoted by Clean Your Dirty Face and are licensed to franchisees for use in their businesses. The document emphasizes that these Marks have gained and will continue to gain public acceptance and goodwill.
Clean Your Dirty Face grants franchises to individuals who meet their qualifications and are prepared to invest in using the Marks and the Franchise System to operate a CYDF Facial Bar. Franchisees acknowledge that their use of the Marks and any goodwill established through that use are exclusively for the benefit of Clean Your Dirty Face and its affiliates. The franchise agreement does not confer any goodwill or other interests in any Marks to the franchisee, other than the right to operate their business under the terms of the agreement. Franchisees are prohibited from contesting the validity of any Marks or Clean Your Dirty Face's ownership of them, both during and after the term of the agreement.
Upon expiration or termination of the franchise agreement, franchisees must discontinue using the Marks. This includes removing all signs containing any Mark and returning or destroying all items, forms, and materials containing any Mark that identifies or relates to a CYDF Facial Bar. Franchisees also agree not to identify themselves or any business as a current or former CYDF Facial Bar or franchise owner, and must cancel or assign all fictitious or assumed name registrations relating to their use of any Mark. They must also notify telephone and internet directory publishers of the termination of their right to use any telephone numbers and listings associated with any Mark, and transfer control of any related online presence to Clean Your Dirty Face.