What specific uses of the Marks are explicitly prohibited for a Dermani Medspa franchise?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
ement relating to the Marks apply to any additional proprietary trade and service marks we authorize you to use. You may not, at any time during or after this Agreement's term, use, contest or assist any other person in contesting the validity of our ownership of the Marks.
5.2. Limitations on Your Use of the Marks.
- 5.2.1. You agree to use the Marks as the Franchised Business's sole identification, except that you agree to identify yourself or the Entity as the independent owner of the Franchised Business in the manner we prescribe. Your use of the Marks will be limited to uses related to the management and administrative support of the Medspa, and may not in any way, explicitly or implicitly, relate to the provision of any medical services. You may not use any Mark, any derivatives of the Marks or similar mark: (a) as part of any corporate or legal business name, (b) with any prefix, suffix, or other modifying words, terms, designs, or symbols (other than logos we have licensed to you), (c) in selling any unauthorized services or products, (d) as part of any domain name, homepage, electronic address, or otherwise in connection with a Website, or (e) in any other manner that we have not expressly authorized in writing.
- 5.2.2. You may not use any Mark in advertising the transfer, sale, or other disposition of the Franchised Business or an ownership interest in you without our prior written consent, which we will not unreasonably withhold.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa FDD, there are several limitations regarding the use of the Dermani Medspa Marks. Franchisees must use the Marks as the Franchised Business's sole identification, but they also need to identify themselves or their entity as the independent owner of the Franchised Business in a prescribed manner. A key restriction is that the use of the Marks must be limited to uses related to the management and administrative support of the Medspa and cannot explicitly or implicitly relate to the provision of any medical services.
Specifically, franchisees are prohibited from using any Mark, derivatives of the Marks, or similar marks in the following ways: as part of any corporate or legal business name; with any prefix, suffix, or other modifying words, terms, designs, or symbols (other than logos licensed by Dermani Medspa); in selling any unauthorized services or products; as part of any domain name, homepage, electronic address, or otherwise in connection with a Website; or in any other manner not expressly authorized in writing by Dermani Medspa.
Additionally, franchisees cannot use any Mark in advertising the transfer, sale, or other disposition of the Franchised Business or an ownership interest without prior written consent from Dermani Medspa, which will not be unreasonably withheld. Franchisees are required to display the Marks prominently as prescribed by Dermani Medspa at the Franchised Business and on forms, advertising, supplies, and other designated materials. They must also provide notices of trade and service mark registrations as specified and obtain any fictitious or assumed name registrations required by applicable law. These restrictions ensure that the Marks are used consistently and appropriately to protect the brand's integrity and reputation.