What rules must a Management Recruiters franchisee follow when using a secondary name?
Management_Recruiters Franchise · 2024 FDDAnswer from 2024 FDD Document
You and we may also agree on a "secondary" name that does not use any of our Marks. You must follow MRI's rules in using any secondary name. You may use the approved secondary name as part of your corporate name. You may only use the names and service marks approved by us. Any secondary name must be formatted into our logos, designs and our then-current branding elements; it may not be used by itself during the term of the franchise agreement. If you use a secondary name, you must indicate that you are an independent franchisee using the term "A Proud Independent Member of MRINetwork" or such other terminology which we approve in all marketing materials and on your website.
Our review and approval of your secondary name is limited to whether the secondary name meets our guidelines and does not conflict with a secondary name currently used by another member. We do not search the state and federal trademark registration records to determine whether your proposed secondary name infringes on or dilutes a service mark used by a competing business. We strongly encourage you to seek legal advice before you adopt and use a secondary name.
If you are granted permission to utilize a Secondary Name, you may use it solely for the operation of the Franchise Business. Upon termination of your Franchise Agreement, for any reason, you must cease use of the Secondary Name in the same manner as it must cease use of the MRI Marks
Source: Item 13 — TRADEMARKS (FDD pages 43–45)
What This Means (2024 FDD)
According to Management Recruiters' 2024 Franchise Disclosure Document, franchisees may agree with Management Recruiters on a secondary name that does not use any of Management Recruiters' marks. However, the franchisee must adhere to Management Recruiters' rules for using any secondary name. The franchisee can use the approved secondary name as part of their corporate name, but they may only use names and service marks approved by Management Recruiters.
Any secondary name must be formatted into Management Recruiters' logos, designs, and current branding elements and cannot be used by itself during the franchise term. If a franchisee uses a secondary name, they must indicate that they are an independent franchisee by using the term "A Proud Independent Member of MRINetwork" or other terminology approved by Management Recruiters in all marketing materials and on their website.
Management Recruiters' review and approval of a secondary name is limited to ensuring it meets their guidelines and does not conflict with another member's secondary name. Management Recruiters does not search state and federal trademark registration records to determine if the proposed secondary name infringes on a service mark used by a competing business, and they strongly encourage franchisees to seek legal advice before adopting and using a secondary name.
If a franchisee is granted permission to use a secondary name, they may only use it for operating the franchise business. Upon termination of the Franchise Agreement, for any reason, the franchisee must stop using the secondary name in the same way they must stop using the Management Recruiters marks.