Under what standards must a My Salon Suite franchisee operate their franchised business?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
ration on the Principal Register of the United States Patent and Trademark Office has been filed.
There are no effective adverse material determinations of the USPTO, the Trademark Trial and Appeal Board, or the trademark administrator of any state or any court.
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.
As of the Issuance Date of this Franchise Disclosure Document, there is no litigation pending arising out of our Marks, and we are not aware of any superior rights in, or infringing use of, our Marks that could materially affect your right to use these Marks. Presently, there are not any effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state, province, territory, or region, or any court adverse to our rights in the Marks, nor are there any pending infringement, opposition, cancellation proceedings, or material litigation involving the Marks. Other than the MSS Trademark License and the SP Trademark License, we are not a party to, or bound by, any agreement that significantly limits our rights to use or license others to use the Marks in any manner material to the Franchised Business we offer.
You must notify us within 10 days of when you learn about an infringing or challenging use of the Marks. While we have no obligation, we may, in our sole discretion, defend you against any claim brought against you by a third party that your use of the Marks in accordance with the Franchise Agreement infringes upon that party's intellectual property rights. We may require your assistance, but we will exclusively control any proceeding or litigation relating to our Marks. We have no obligation to pursue any infringing users of our Marks.
Source: Item 13 — TRADEMARKS (FDD pages 56–58)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, franchisees must operate their businesses in strict compliance with the standards, specifications, rules, requirements, and instructions regarding the use of the brand's marks. This means that franchisees do not have the freedom to use the trademarks as they see fit, but must adhere to the guidelines set by My Salon Suite. These marks include MY SALON, MAKE IT YOURS, and THE SUITE ELITE, which are registered on the Principal Register. There is also a trademark for lll salon suite with a application date of April 10, 2025, that is pending registration.
My Salon Suite maintains control over how its trademarks are used to ensure brand consistency and protect its image. Franchisees are not allowed to modify the marks with unauthorized words, designs, or symbols, or use them in connection with the sale of unauthorized products or services. They also cannot use the marks as part of their company name or trade name without prior written consent. This level of control is typical in franchising, as it helps maintain a uniform brand identity across all locations.
Furthermore, My Salon Suite can instruct franchisees to modify or discontinue using any of the marks, and add new names, designs, logos, or commercial symbols to the marks. These changes can be imposed at My Salon Suite's sole discretion, and franchisees are responsible for the costs associated with conforming to these changes, including updating signage and marketing materials. Franchisees are also restricted from using the marks in any electronic mail address or domain name, except those designated by My Salon Suite. They are also limited in their ability to maintain their own website or social media presence using the marks without prior written consent. These restrictions ensure that My Salon Suite maintains control over its online presence and brand messaging.
These requirements and restrictions are designed to protect the My Salon Suite brand and ensure consistency across all franchise locations. While they may limit a franchisee's autonomy, they also provide a framework for operating a business under a recognized and established brand. Prospective franchisees should carefully consider these requirements and restrictions before investing in a My Salon Suite franchise.