Can the Dermani Medspa 'Marks' be changed, improved, and further developed?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. We and our affiliate, as a result of the expenditure of time, skill, and effort, have developed (and continue to develop and modify) a medical spa management system ("System") relating to the management of medical centers that provide, through independent physicians and professionally licensed persons or entities, medical spa and cosmetic services related to skin, cosmetic injectables and laser hair removal treatments, all of which are provided by a physician, or medical personnel supervised by a physician.
- B. The medical spa centers in the System (each, a "dermani MEDSPA®") operate under the "dermani MEDSPA®" name and Marks and will be managed according to the System. The business that will manage a dermani MEDSPA® under the System is referred to in this Agreement as the "Franchised Business." The System has characteristics that currently include providing site selection assistance, construction design, preferred vendor relationships for medical equipment and supplies, procedures for monitoring operations and quality of services offered; procedures for management; training and assistance; advertising and promotional programs; business formats, methods, procedures, standards, and specifications, all of which we may change, improve, and further develop.
- 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.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa FDD, the company retains the right to change, improve, and further develop its Marks. Specifically, Dermani Medspa has developed and continues to develop and modify a medical spa management system related to the management of medical centers. This system includes the use of certain trademarks, service marks, and other commercial symbols, including the "dermani MEDSPA®" mark.
This means that Dermani Medspa can modify its branding and logos as it sees fit. As a franchisee, you are required to use the current Marks and System Standards.
This is a fairly standard clause in franchise agreements, as franchisors need the flexibility to update their brand to stay current with market trends and protect their trademarks. However, it also means that a Dermani Medspa franchisee must be prepared to adapt to changes in branding and marketing, which may require additional investment to update signage, marketing materials, and other branded items.