Is there any agreement that significantly limits Dermani Medspa's rights to use or license the marks?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
Our right to use and license others to use the Proprietary Marks is exercised under a trademark license agreement (the "TM Agreement") with LazCoz dated April 22, 2019. Under the TM Agreement, we are granted the right to use and to permit others to use the Marks. The TM Agreement has a 20-year term, with automatic 1-year renewal terms. If we were ever to lose our right to the Marks, LazCoz is required under the TM Agreement to allow our franchisees to maintain their rights to use the Proprietary Marks in accordance with their franchise agreements. Also, the franchise agreements will be assigned to LazCoz. Other than the TM Agreement, there are no agreements in effect which significantly limit our rights to use or license the Marks in any state in a manner material to dermani MEDSPA® franchises.
Source: Item 13 — TRADEMARKS, SERVICE MARKS, TRADE NAMES, LOGOTYPES, AND COMMERCIAL SYMBOLS (FDD pages 46–47)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, the company's right to use and license its trademarks is governed by a trademark license agreement (TM Agreement) with LazCoz, effective as of April 22, 2019. This agreement grants Dermani Medspa the right to use and permit others to use the marks. The TM Agreement has an initial term of 20 years, with automatic 1-year renewal terms.
Under the TM Agreement, if Dermani Medspa loses its right to the marks, LazCoz is obligated to allow franchisees to maintain their rights to use the proprietary marks according to their franchise agreements, and the franchise agreements will be assigned to LazCoz. The FDD states that, other than the TM Agreement, there are no other agreements that significantly limit Dermani Medspa's rights to use or license the marks in any state in a manner material to Dermani Medspa franchises.
Prospective franchisees should note that while the TM Agreement grants Dermani Medspa the right to use and license the marks, the agreement itself could be considered a limitation, although not a significant one according to the FDD. It is important for potential franchisees to understand the terms of the TM Agreement and how it might affect their use of the Dermani Medspa trademarks. Franchisees should also be aware of their obligations to notify Dermani Medspa of any potential infringements or challenges to the use of the marks.