Under what circumstances can an Epcon Communities franchisee operate and advertise under names other than those designated by the franchisor?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, an Epcon Communities franchisee must generally identify its projects and advertise under the marks designated by Epcon Communities. The franchisee must use these marks without any prefixes or suffixes. However, there are exceptions to this rule.
An Epcon Communities franchisee can operate and advertise under names other than those designated by the franchisor if the use of the designated marks conflicts with a prior registration or use. This also applies if using the designated marks is prohibited or requires modification 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 a franchisee's use of their business entity name or trade name in advertising and promotional materials. This ensures that the Epcon Communities brand remains consistent and protected, even when a franchisee is required to use an alternate name due to legal or prior use conflicts.