What are the 'Marks' that a Dermani Medspa franchisee has the right to use?

According to Dermani Medspa's 2025 Franchise Disclosure Document, the "Marks" that a franchisee has the right to use include the "dermani MEDSPA®" word mark and logo. Additionally, franchisees can use any other trademarks, service marks, and commercial symbols that Dermani Medspa creates, uses, or licenses for its Medspas. This definition is important as it establishes the scope of the intellectual property a franchisee is authorized to use in connection with their business.

It is important to note that the franchisee's use of the Marks is limited to activities related to the management and administrative support of the Medspa and cannot explicitly or implicitly relate to the provision of medical services. The franchisee must identify themselves as the independent owner of the Franchised Business in a prescribed manner. Furthermore, franchisees are prohibited from using the Marks in ways not expressly authorized in writing by Dermani Medspa, such as using them as part of a corporate name, with unauthorized modifications, or in domain names.

The agreement emphasizes that all goodwill associated with the use of the Marks benefits Dermani Medspa, not the franchisee. The franchisee cannot contest the validity of Dermani Medspa's ownership of the Marks during or after the agreement's term. This underscores the franchisor's control over its brand and the franchisee's role in maintaining its integrity. Franchisees must adhere to Dermani Medspa's guidelines for displaying the Marks and providing necessary registration notices.

Prospective franchisees should carefully review the specific guidelines and restrictions on the use of the Marks outlined in the franchise agreement to ensure they understand the scope of their rights and obligations. Understanding these limitations is crucial for avoiding potential breaches of the agreement and maintaining a compliant business operation.