Under what conditions can a Deka Lash franchisee use 'Deka Lash' followed by an entity number?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
You must use the Marks in accordance with our specifications and standards. You may not use the words "Deka" or "Deka Lash" or any confusingly similar words, as any part of the name of a corporation, LLC or other entity. However, "Deka Lash" followed by your entity number, or such other designation as we shall specify, shall be your "doing business as" name for an entity which owns this franchise, sometimes also called your "assumed name," "trading as" name, or "fictitious name." You may not use the Marks in connection with the sale of any unauthorized product or service, or in a manner that we have not authorized in writing.
Source: Item 13 — TRADEMARKS (FDD pages 44–45)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, a franchisee cannot use "Deka" or "Deka Lash" as part of the name of a corporation, LLC, or other entity. However, a Deka Lash franchisee can use "Deka Lash" followed by their entity number, or another designation specified by Deka Lash, as their "doing business as" name. This name is for the entity that owns the franchise and is also referred to as the "assumed name," "trading as" name, or "fictitious name."
This allowance provides franchisees with a degree of flexibility in structuring their business entity while still adhering to Deka Lash's trademark guidelines. By using the "Deka Lash" name followed by an entity number, franchisees can clearly identify their business as a Deka Lash franchise while maintaining a distinct legal entity. This is a common practice in franchising, allowing for both brand consistency and legal separation.
It is important for prospective Deka Lash franchisees to understand these trademark usage rules to ensure compliance with the franchise agreement. Failure to adhere to these guidelines could result in a breach of contract and potential legal consequences. Franchisees should consult with legal counsel to ensure they properly structure their business entity and use the Deka Lash trademarks in accordance with the franchisor's requirements.