What are the trade names,
Flowerama Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor is the owner of all right, title and interest in and to the trade names, trademarks and service marks "FLOWERAMA" and "FLOWERAMA OF AMERICA" (collectively, the "Flowerama Marks") and other marks and has the rights to certain valuable trade practices and all of the designs, phrases, logos, signs, formulas, operating procedures, electronic communications systems, merchandising methods, cost control, accounting and general business techniques, strategies, routines, copyrights, manuals, training materials, bulletins and all other items now or hereafter owned, used, developed or provided by us (collectively, the "Trade Practices") in connection with the retail flower business, all of which may be improved, further developed or otherwise modified from time to time.
- B. 1-800-Flowers.com, Inc., a Delaware corporation ("Flowers"), Franchisor's parent company, is the owner of all right, title and interest in and to the trade name, trademark and service mark "1-800- Flowers" (together with the Flowerama Marks, collectively, the "Marks") and other marks, and Flowers has authorized Franchisor to offer Flowerama franchisees the right to co-brand with and use the 1-800-Flowers marks, products and system.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 72–77)
What This Means (2024 FDD)
According to Flowerama's 2024 Franchise Disclosure Document, the company owns the rights to the trade names, trademarks, and service marks "FLOWERAMA" and "FLOWERAMA OF AMERICA". These are collectively referred to as the "Flowerama Marks." Additionally, Flowerama's parent company, 1-800-Flowers.com, Inc., owns the trade name, trademark, and service mark "1-800-Flowers." Together, the Flowerama Marks and the "1-800-Flowers" mark are referred to as the "Marks".
Flowerama grants franchisees a limited, non-exclusive license to use these marks, the Trade Practices, and the System specifically for operating a franchised unit. However, Flowerama retains the right to use these marks and grant others the right to use them through various channels, including retail flower shops, the "1-800-Flowers" trademarks, and online platforms. This means a franchisee may face competition from other franchisees, company-owned outlets, or other distribution channels controlled by Flowerama.
Flowerama may modify the trade names, trademarks, service marks, or copyrighted materials. The franchisee is obligated to accept and use these changes as if they were in effect at the time of the franchise agreement. The franchisee is also responsible for any expenditures required to implement these changes within the timeframe specified by Flowerama. If a franchisee faces a claim of infringement related to the use of the Marks, they must notify Flowerama immediately. Flowerama will then make commercially reasonable efforts to protect and defend the franchisee's use of the Marks, provided the franchisee has followed all guidelines and instructions.