Does the definition of 'Marks' for Itan include trade dress?

According to Itan's 2025 Franchise Disclosure Document, the definition of 'Marks' includes trade dress. The FDD defines 'Marks' as all service marks, trademarks, trade names, and logos that Itan designates and authorizes its salons to use, including iTAN® and iTAN SUN SPRAY SPA®, along with their associated logos. Importantly, the definition explicitly states that 'Marks' also encompasses any distinctive trade dress used to identify an Itan salon or the products it sells.

For a prospective Itan franchisee, this means that the 'Marks' they are authorized to use extend beyond just the brand names and logos. It also includes the overall visual appearance and branding elements of the salon itself. This could include things like the interior and exterior design, color schemes, signage, and other aesthetic features that make an Itan salon recognizable to customers.

Itan's FDD also defines 'System' as the system developed for the operation of a Salon, the distinctive characteristics of which include: distinctive interior and exterior design, décor, signage, color scheme and other trade dress elements; proprietary retail products and equipment; high quality tanning services, technology and techniques; comprehensive training programs; advertising and marketing strategies; merchandising strategies; and operating system. This definition reinforces the importance of trade dress as a key component of the Itan franchise system. Franchisees must adhere to these standards to maintain a consistent brand image and customer experience.