Can an Itan franchisee register a Mark with a Governmental Authority?

Based on the 2025 Itan Franchise Disclosure Document, the franchisee cannot register a Mark with a Governmental Authority. The FDD defines "Marks" as the service marks, trademarks, trade names, and logos that iTan designates and authorizes its salons to use, including iTAN® and iTAN SUN SPRAY SPA®. The definition extends to any distinctive trade dress used to identify a salon or its products.

The agreement emphasizes that protecting iTan's intellectual property is crucial to the success of both the franchisor and its franchisees. As such, employees or independent contractors of the franchisee must agree not to misuse iTan's intellectual property. This includes refraining from using the intellectual property for any purpose other than operating the franchisee's salon, maintaining the confidentiality of confidential information, and preventing unauthorized use or disclosure of such information.

Furthermore, any improvements to the goods, services, methods of operation, marketing materials, or intellectual property utilized by a salon must be assigned to iTan or its designee. This provision ensures that iTan retains control over its brand and system standards, preventing franchisees from independently registering or altering the Marks without the franchisor's consent. Therefore, a franchisee is not permitted to register a Mark with a Governmental Authority.