What notices of ownership must the Epcon Communities franchisee include in advertising and sales literature?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
5.9 In order to further protect the Development System, the Epcon Communities Works, the Marks and the goodwill associated therewith, Franchisee shall:
(a) Except where prohibited by state law to the contrary, identify its Project(s) in its advertising as prescribed in Franchisor's Manuals, advertise under the Marks designated by Franchisor for use for that purpose and use such Marks without prefix or suffix, except where such use may conflict with a prior registration or use or may be required by applicable state law or regulation, in which event Franchisee shall operate and advertise under such other names as Franchisor has previously approved in writing.
Franchisor shall have the right to restrict the use by Franchisee of Franchisee's business entity name or trade name in its advertising and promotional materials.
(b) Feature and use the Marks solely in the manner prescribed by Franchisor.
(c) Observe such reasonable requirements with respect to service mark, trade name, trademark and fictitious name registrations and copyright and patent ownership notices as Franchisor may, from time to time, direct in writing.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, franchisees must adhere to specific guidelines regarding the identification of their projects in advertising. Except where state law prohibits it, franchisees must identify their projects as prescribed in Epcon Communities' manuals and advertise using the marks designated by Epcon Communities for that purpose. These marks should be used without any prefix or suffix unless such use conflicts with prior registrations, existing usage, or is otherwise required by applicable state law or regulation. In such cases, the franchisee must operate and advertise under names that Epcon Communities has previously approved in writing.
Epcon Communities retains the right to restrict the franchisee's use of their business entity name or trade name in advertising and promotional materials. Franchisees are required to feature and use the marks solely in the manner prescribed by Epcon Communities. Additionally, franchisees must observe reasonable requirements concerning service mark, trade name, trademark, fictitious name registrations, and copyright and patent ownership notices as directed in writing by Epcon Communities from time to time.
In practical terms, this means an Epcon Communities franchisee needs to ensure all advertising and sales materials accurately reflect the branding and ownership notices as dictated by Epcon Communities. This includes using the correct trademarks and names, and adhering to any specific legal requirements for disclosures in their region. Failure to comply with these requirements could lead to legal issues or a breach of the franchise agreement.