What is the definition of 'Proprietary Marks' in the context of My Salon Suite franchise termination?

According to My Salon Suite's 2025 Franchise Disclosure Document, Proprietary Marks are defined as the trademark "My Salon Suite" in both word and design mark form. It also includes other trade names, trademarks, service marks, trade dress, designs, graphics, logos, emblems, insignia, fascia, slogans, drawings, and other commercial symbols related to the "My Salon Suite" trademark. These marks are designated by My Salon Suite for use in connection with the Franchised Business and the System.

This definition is important for a prospective franchisee because it clarifies what intellectual property is owned by My Salon Suite and licensed to the franchisee. Unauthorized use of these marks by the franchisee constitutes a breach of the Franchise Agreement and an infringement of My Salon Suite's trademark rights. Franchisees do not acquire any ownership interest in the Proprietary Marks through their use of them, and all goodwill associated with the marks inures to the benefit of My Salon Suite.

During and after the term of the Franchise Agreement, franchisees are prohibited from challenging the validity or ownership of the Proprietary Marks. They also cannot assist others in challenging the marks. Franchisees must obtain My Salon Suite's written consent before using any portion of the Proprietary Marks as part of any corporate or trade name. This ensures that the franchisee's business operations are clearly identified with the My Salon Suite brand and that the brand's integrity is maintained.

Upon termination of the Franchise Agreement, the franchisee must cease all use of telephone numbers and listings associated with the Proprietary Marks, and at My Salon Suite's option, assign the same to My Salon Suite or its designee. This ensures a clean break and prevents any potential confusion or misuse of the brand after the franchise relationship ends. These stipulations are typical in franchise agreements to protect the franchisor's brand identity and goodwill.