Can a My Salon Suite franchisee modify the marks with unauthorized designs?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
We grant you the right to operate your Franchised Business under all the applicable Marks and any other trade names, trademarks, service marks, and logos currently used or that may hereafter be used in the operation of a Franchised Business. You must strictly comply with our standards, specifications, rules, requirements, and instructions regarding the use of the Marks. The goodwill associated with our Marks will remain our exclusive property, and you will receive no tangible benefit from our goodwill, except from the operation or possible sale of the Franchised Business during the term of the Franchise Agreement. Any increase in the goodwill associated with the Marks during the term of the Franchise Agreement will benefit us. All rights to use our Marks will automatically revert to us without cost and without the execution or delivery of any documents, upon the expiration or termination of the Franchise Agreement. You may not use all or any portion of our Marks as part of your company name and, without our prior written consent, as part of your trade name or "d/b/a." You may not modify the Marks with words, designs, or symbols, except those which we license to you. You may not use our Marks in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by us. During the term of the Franchise Agreement, and continuing after the expiration or termination of the Franchise Agreement, neither you nor any of your managers will, directly or indirectly, contest, challenge, or assist in the contesting or challenging of, our, SMI's or SPES's right, title, ownership, or interest in the Marks, trade secrets, methods, procedures, and advertising techniques that are part of our Franchise System, or contest our sole right to register, use, or license others to use, our Marks, trade secrets, methods, procedures, advertising techniques, and any other mark or name that incorporates the words "My Salon Suite" or any similar phrase. You must indicate to the public in any contract, advertisement, and with a conspicuous sign in your Approved Location that you are an independently owned and operated licensed franchisee of SMF.
Source: Item 13 — TRADEMARKS (FDD pages 56–58)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, franchisees are explicitly restricted from modifying the brand's trademarks with unauthorized designs. The FDD states that franchisees must strictly comply with My Salon Suite's standards and instructions regarding the use of its marks.
Specifically, a franchisee cannot use any portion of My Salon Suite's marks as part of their company name without written consent, nor can they use the marks in connection with the sale of unauthorized products or services. This ensures that the brand maintains a consistent image and that all franchisees adhere to the established brand standards.
My Salon Suite retains exclusive ownership of the goodwill associated with its marks, and any increase in goodwill benefits the franchisor. Upon termination of the Franchise Agreement, all rights to use the marks automatically revert back to My Salon Suite. This underscores the importance of adhering to the franchisor's guidelines and protecting the integrity of the brand's trademarks.