What obligations does an Eos Worldwide franchisee have (Item 9) regarding trademarks (Item 13)?
Eos_Worldwide Franchise · 2025 FDDAnswer from 2025 FDD Document
| Section in Franchise | ||
| Obligation | Disclosure Document | |
| Agreement | Item | |
| (h) Trademarks and proprietary information | Sections 7, 8, 9, 11 and 16 | Items 13, 14 and 15 |
9.6 Franchisee Name.
You may not use any of our EOS or EOS-related trademarked terms in your Business Entity's name (or any other business entity's name) without our prior written permission. You will hold yourself out to the public as an individually owned and operated business operating an EOS Franchise. Whenever practical, you will clearly indicate on your employment related documents (e.g., employment policies, applications, disciplinary documents, identification cards), business checks, stationery, business cards, invoices, receipts, advertising, public relations and promotional materials, website, and other written materials that you are a franchise business. If you are operating as a Business Entity, you will file for a business name registration (d/b/a) or other fictitious business name equivalent in the manner required by applicable local law so as to notify the public that you are operating the Franchise as an independent business pursuant to this Agreement. Prior to adoption of a business name, you shall obtain the written approval of such name from us.
We may occasionally add additional trademarks for use with EOS Franchised Businesses which may not be federally registered, and those additions will be considered part of the Marks, will be licensed to you, and will be subject to the restrictions discussed below. If additional trademarks do not have a federal registration, those trademarks would not have many legal benefits and rights as those available for a federally registered trademark. If our right to use such a trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
We and our affiliates retain the right, at our sole discretion, to engage in any other activities not expressly prohibited in this Agreement. Without limiting the generality of the foregoing, we and our affiliates retain the right to own and operate EOS Worldwide businesses under the Marks or using the Intellectual Property, or to license others the right to own and operate an EOS Worldwide business or franchise under the Marks and System or using the Intellectual Property anywhere in the world, and to allow others to solicit Clients anywhere we may permit in their agreements with us or our affiliates. We and our affiliates also retain the right, at our sole discretion, to own and operate other businesses using our Marks or Intellectual Property or other trademarks or intellectual property, or to license others the right to use our Marks or Intellectual Property or other trademarks or intellectual property, or to license others the right to own and operate other businesses or franchises using our Marks or Intellectual Property or other trademarks or intellectual property, anywhere in the world.
What This Means (2025 FDD)
According to the 2025 Eos Worldwide Franchise Disclosure Document, franchisees have specific obligations regarding trademarks and proprietary information, as detailed in Section 7, 8, 9, 11, and 16 of the franchise agreement, and further explained in Items 13, 14, and 15 of the FDD. Specifically, franchisees cannot use any of Eos Worldwide's trademarked terms in their business entity's name without prior written permission. Franchisees must present themselves as independently owned and operated Eos Worldwide franchises.
To ensure clarity, franchisees must indicate their franchise status on employment documents, business checks, stationery, business cards, invoices, receipts, advertising, public relations and promotional materials, websites, and other written materials. If operating as a business entity, franchisees are required to register a business name (d/b/a) or an equivalent fictitious name, as required by local law, to inform the public that they operate as an independent business under the franchise agreement. Before using a business name, franchisees must obtain written approval from Eos Worldwide.
Eos Worldwide also retains the right to add additional trademarks for use with Eos Worldwide Franchised Businesses, which may not be federally registered. These additions will be considered part of the Marks, will be licensed to the franchisee, and will be subject to the restrictions discussed. If additional trademarks do not have a federal registration, those trademarks would not have many legal benefits and rights as those available for a federally registered trademark. If Eos Worldwide's right to use such a trademark is challenged, the franchisee may have to change to an alternative trademark, which may increase expenses.
Eos Worldwide and its affiliates retain the right to own and operate Eos Worldwide businesses under the Marks or using the Intellectual Property, or to license others the right to own and operate an Eos Worldwide business or franchise under the Marks and System or using the Intellectual Property anywhere in the world. They also retain the right to own and operate other businesses using their Marks or Intellectual Property or other trademarks or intellectual property, or to license others the right to use their Marks or Intellectual Property or other trademarks or intellectual property, or to license others the right to own and operate other businesses or franchises using their Marks or Intellectual Property or other trademarks or intellectual property, anywhere in the world.