Is a Degree Wellness franchisee allowed to use any mark with modifying words or symbols?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to use the Marks as the sole trade identification of the Franchise, except that you will display at the Franchise location a notice, in a form acceptable to us, stating that you are the independent owner of the Franchise pursuant to a Franchise Agreement with us.
You agree not to use any Mark as part of any corporate or trade name or with any prefix, suffix, or other modifying words, terms, designs, or symbols (other than logos and additional trade and service marks licensed to you under this Agreement), or in any modified form.
You also shall not use any Mark, or any commercial symbol similar to the Marks, in connection with the performance or sale of any unauthorized services or products, to promote any business or commercial venture other than the Franchise, or in any other manner we have not expressly authorized in writing.
You agree to display the Marks in the manner we prescribe at the Franchise and in connection with advertising and marketing materials, and to use, along with the Marks, any notices of trade and service mark registrations we specify.
You further agree to obtain any fictitious or assumed name registrations as may be required under applicable law.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, franchisees are generally prohibited from using the brand's marks with any modifications. The FDD specifies that franchisees cannot use any Degree Wellness mark as part of a corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols. The only exception to this rule is the use of logos and additional trade and service marks that Degree Wellness specifically licenses to the franchisee under the Franchise Agreement.
This restriction ensures that the Degree Wellness brand maintains a consistent image and identity across all franchise locations. Unauthorized alterations to the marks could dilute the brand's value and create confusion among customers. By strictly controlling the use of its trademarks, Degree Wellness aims to protect its brand recognition and goodwill.
However, franchisees are required to display a notice at their location, in a form acceptable to Degree Wellness, indicating that they are the independent owner of the franchise operating under a Franchise Agreement with Degree Wellness. This disclosure serves to clarify the relationship between the franchisee and the franchisor while adhering to the brand's established trademark guidelines. Franchisees must also obtain any necessary fictitious or assumed name registrations as required by applicable law.
It is important for prospective Degree Wellness franchisees to understand these limitations on mark usage, as non-compliance constitutes a breach of the Franchise Agreement. Franchisees should seek clarification from Degree Wellness regarding any specific uses of the marks to ensure they remain within the bounds of the agreement.