When using the trademarks for a Face Foundrie franchise, what documents and instructions must I follow?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
You must follow the Franchise Agreement, the Operations Manual and our specifications and directives when you use the Marks. The Marks are the only marks you may use to identify the Facial Bar. You may not use any Marks as part of any corporate or trade name or as part of any domain name or electronic address you maintain on the Internet, the worldwide web, or any other similar proprietary or common carrier electronic delivery system unless we expressly authorize you to do so in writing. You may not use the Marks in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by us. Your use of the Marks and any goodwill is to our exclusive benefit and you retain no rights in the Marks other than a license to use the Marks during the term of the Franchise Agreement. You are not permitted to make any changes of any kind in or to the use of the Marks unless we permit.
You must notify us immediately when you learn about an infringement of or challenge to your use of a Mark. We will take the action we think appropriate. We have the right to exclusively control any litigation, USPTO proceeding, or other proceeding arising out of any infringement, challenge or claim or otherwise relating to any Mark.
You must not directly or indirectly contest our right to the Marks, trade secrets or business techniques that are part of our business. You must promptly notify us of any unauthorized use of the Marks, any challenge to the validity of the Marks, or any challenge to our ownership of, right to use and to license others to use, or your right to use, the Marks. We have the right to direct and control any administrative proceeding or litigation involving the Marks, including any settlement. We have the right, but not the obligation, to take action against uses by others that may constitute infringement of the Marks. We will defend you against any third-party claim, suit, or demand arising out of your use of the Marks, and bear the cost of any judgment or settlement, if we determine that you have used the Marks in accordance with the Franchise Agreement. However, if we determine that you have not used the Marks in accordance with the Franchise Agreement, you must bear the cost of defense, including the cost of any judgment or settlement. If there is any litigation relating to your use of the Marks, you must sign all documents and do all things as may be necessary to carry out a defense or prosecution, including becoming a nominal party to any legal action. Unless litigation results from your use of the Marks in a manner inconsistent with the terms of the Franchise Agreement we will also reimburse you for your out-ofpocket costs.
You must modify or discontinue the use of a Mark, and you must adopt or use additional or substituted Marks, if we instruct you to do so. If this happens, you are responsible for your tangible costs of compliance (e.g., changing signs and uniforms) and we do not have to reimburse you for any loss of revenue due to any modified or discontinued Mark, or for your expenses of promoting a modified or substitute Mark. You waive any claim against us for changing, modifying or discontinuing a Mark. We may also develop or acquire additional Marks and make them available for your use or require you to use them.
Source: Item 13 — TRADEMARKS (FDD pages 46–47)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, when using the trademarks for your Face Foundrie franchise, you must adhere to the guidelines set forth in the Franchise Agreement, the Operations Manual, and any specific directives issued by Face Foundrie. These documents will provide detailed instructions on the proper use of the trademarks. The trademarks are the only marks you are allowed to use to identify your Facial Bar.
As a Face Foundrie franchisee, you are prohibited from using the trademarks as part of any corporate or trade name, or within any domain name or electronic address, unless you receive explicit written authorization from Face Foundrie. Additionally, you cannot use the trademarks in connection with the sale of unauthorized products or services, or in any manner not explicitly approved in writing by Face Foundrie. Your use of the trademarks and any associated goodwill will exclusively benefit Face Foundrie, and you only retain a license to use the trademarks during the term of your Franchise Agreement. You are not allowed to make any changes to the trademarks without Face Foundrie's permission.
You are obligated to immediately inform Face Foundrie if you become aware of any infringement or challenges to your use of a trademark. Face Foundrie will then decide on the appropriate course of action. Face Foundrie has the exclusive right to control any litigation, USPTO proceeding, or other proceeding related to any infringement, challenge, claim, or matter concerning any trademark. You may be required to modify or discontinue the use of a trademark, and adopt or use additional or substituted trademarks, if Face Foundrie instructs you to do so. If this occurs, you will be responsible for the tangible costs of compliance, such as changing signs and uniforms, and Face Foundrie is not obligated to reimburse you for any loss of revenue or expenses related to promoting a modified or substitute trademark.
In the event of third-party claims arising from your use of the trademarks, Face Foundrie will defend you and cover the costs of any judgment or settlement, provided that you have used the trademarks in accordance with the Franchise Agreement. However, if Face Foundrie determines that you have not used the trademarks in compliance with the Franchise Agreement, you will be responsible for the costs of defense, including any judgment or settlement. If litigation arises related to your use of the trademarks, you must sign all necessary documents and take all necessary actions to support the defense or prosecution, including becoming a nominal party to any legal action. Unless the litigation results from your non-compliant use of the trademarks, Face Foundrie will reimburse you for your out-of-pocket costs.