Can an Itan franchisee use the Marks in a modified form?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Marks" means and includes all service marks, trademarks, trade names and logos that we designate from time to time and authorize Salons to use, including iTAN®, iTAN SUN SPRAY SPA® and the associated logos.
The Marks also include any distinctive trade dress used to identify a Salon or the products it sells.
- **2.
BACKGROUND**.
You are an employee or independent contractor of Franchisee.
As a result of this association, you may gain knowledge of our System and Know-how.
You understand that protecting the Intellectual Property is vital to our success and that of our franchisees and that you could seriously jeopardize our franchise system if you were to misuse our Intellectual Property.
To avoid such damage, you agree to comply with the terms of this Agreement.
- **3.
INTELLECTUAL PROPERTY & CONFIDENTIAL INFORMATION**.
You agree to: (a) refrain from using the Intellectual Property or Confidential Information in any business or for any purpose other than the operation of Franchisee's Salon; (b) maintain the confidentiality of Confidential Information at all times; (c) refrain from making unauthorized copies of documents containing Confidential Information; (d) take all steps we reasonably require to prevent unauthorized use or disclosure of Confidential Information; and (e) immediately stop using the Intellectual Property and Confidential Information at such time that you are no longer an employee or independent contractor of Franchisee.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
Based on the 2025 Itan Franchise Disclosure Document, the document defines the term "Marks" to include all service marks, trademarks, trade names, and logos that Itan designates and authorizes its salons to use. These Marks include iTAN®, iTAN SUN SPRAY SPA®, and associated logos, as well as any distinctive trade dress used to identify a salon or its products.
The FDD excerpt states that an employee or independent contractor acknowledges that protecting the Intellectual Property is vital to the success of Itan and its franchisees. The employee or independent contractor agrees to refrain from using the Intellectual Property or Confidential Information in any business or for any purpose other than the operation of the franchisee's salon. They must also refrain from making unauthorized copies of documents containing Confidential Information and take all steps reasonably required to prevent unauthorized use or disclosure of Confidential Information.
While the excerpts define what the Itan Marks are, and the importance of protecting Itan's intellectual property, the provided excerpts do not explicitly state whether a franchisee can use the Marks in a modified form. A prospective franchisee should seek clarification from Itan regarding the permissibility of modifying the Marks and under what conditions such modifications might be allowed.