What is the 'Company's' role in developing the 'Marks' for Dermani Medspa?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
"Marks" – the "dermani MEDSPA®" word mark and logo, and any other trademarks, service marks, and commercial symbols we may create, use or license for the dermani MEDSPA®s.
PREAMBLES AND BACKGROUND
C. We use, promote, and license certain trademarks, service marks, and other commercial symbols including the mark "dermani MEDSPA®" in operating and managing dermani MEDSPA®s, which have gained and will continue to gain public acceptance and goodwill, and we may create, use, and license other trademarks, service marks, and commercial symbols for dermani MEDSPA®s.
1.3. Rights we Reserve.
We retain all rights with respect to Franchised Businesses and dermani MEDSPA®s, the System, the Marks, the sale of similar or dissimilar services, and any other activities we deem appropriate whenever and wherever we desire, including, but not limited to:
- 1.6. No Rights in Marks. This Agreement is not a franchise agreement, and does not grant you any right to use in any manner our Marks or System.
- 1.7. No Sublicensing. You have no right under this Agreement to license others to use in any manner the Marks or System.
9.2. System Marketing Fund.
- 9.2.1. The image of the dermani MEDSPA® brand, the Marks, Franchised Businesses, and Medspas held by the public in general, by patients, and by Medspa managers and employees, is important to the System and the Marks. We reserve the right to establish a System Marketing Fund for the enhancement and protection of the dermani MEDSPA® brand and Marks, and for the advertising, marketing, and public relations programs and materials.
- 9.2.2. The System Marketing Fund, all contributions thereto, and any earnings thereon, shall be used exclusively (except as otherwise provided in this Section 9.2), in our sole discretion, to meet any and all costs of maintaining, administering, directing, conducting, creating and/or otherwise preparing advertising, marketing, public relations and/or promotional programs and materials, and any other activities which we believe will enhance the image of the System, including, without limitation, the costs of preparing and/or conducting: media advertising campaigns; social media campaigns; Paid per click campaigns; direct
mail advertising; marketing surveys and other public relations activities; employing advertising and/or public relations agencies to assist therein; brand research and development; developing and hosting marketing, brand development and enhancement, and customer engagement seminars for franchisees; purchasing promotional items; developing new or modified trade dress and marks
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa FDD, the company has developed and continues to develop and modify a medical spa management system. This system relates to the management of medical centers providing medical spa and cosmetic services through licensed professionals. Dermani Medspa centers operate under the "dermani MEDSPA®" name and Marks, managed according to the System. The company also uses, promotes, and licenses certain trademarks, service marks, and other commercial symbols, including the "dermani MEDSPA®" mark. Dermani Medspa may also create, use, and license other trademarks, service marks, and commercial symbols for dermani MEDSPA®s.
Dermani Medspa retains all rights with respect to the Marks. The franchise agreement does not grant the franchisee any right to use the Dermani Medspa Marks or System. The franchisee also has no right to sublicense others to use the Marks or System.
Dermani Medspa reserves the right to establish a System Marketing Fund for the enhancement and protection of the dermani MEDSPA® brand and Marks, and for advertising, marketing, and public relations programs and materials. The System Marketing Fund will be used exclusively to meet the costs of maintaining, administering, directing, conducting, creating and/or otherwise preparing advertising, marketing, public relations and/or promotional programs and materials, and any other activities which Dermani Medspa believes will enhance the image of the System. This includes developing new or modified trade dress and marks.