In what manner can a Pearce Bespoke franchisee use the Marks and Business System?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee will execute any document required by Franchisor to transfer or assign any such improvements relating to the Marks and the Business System to Franchisor.
B. Use.
Franchisee's right to use and identify with the Marks and Business System applies only to the operation of the Pearce Bespoke Franchise within the Franchised Territory and exists concurrently with the term of this Agreement and only so long as Franchisee is in complete compliance with Franchisor's quality and operating standards. Franchisee will have the right to use the Marks and Business System only in the manner Franchisor directs and approves in writing. Franchisee will not have or acquire any rights in any of the Marks or Business System other than the right of use as governed by this Agreement. If, in the judgment of Franchisor, Franchisee's acts infringe upon or harm the goodwill, standards of uniformity or quality, or business standing associated with the Marks and Business System, Franchisee will immediately, upon written notice from Franchisor, modify or discontinue its use of the Marks and Business System in the manner Franchisor directs in writing. Franchisee will not, during or after the term of this Agreement, do anything directly or indirectly which would infringe upon, harm, mislead, or contest Franchisor's rights in the Marks or Business System, or the goodwill associated with the Marks or the Business System. Franchisee cannot advertise any liquidation or going-out-of-business sales or similar types of activity.
C. Promotion.
Franchisee will operate the Pearce Bespoke Franchise so that it is clearly identified and advertised as a Pearce Bespoke Franchise. The style, form, and use of the words "Pearce Bespoke" in any advertising, written materials, or supplies must, however, have Franchisor's prior written approval, which approval will not be unreasonably withheld. Franchisee will use the name "Pearce Bespoke" and the other Marks which now or hereafter may form a part of the Business System, on all paper supplies, business cards, letterhead, envelopes, uniforms, advertising materials, signs or other articles in the identical combination and manner as Franchisor may require in writing. Franchisee will comply with all trademarks, trade name, service mark, and copyright notice marking requirements.
D. Identity.
Franchisee will not use the words "Pearce Bespoke" in its corporate or partnership name. Franchisee will clearly indicate on its business checks, purchase orders, business cards, receipts, promotional materials, and other written materials that Franchisee is the owner of the Pearce Bespoke Franchise, and that Franchisee is a Pearce Bespoke franchisee. Franchisee will display a sign which is clearly
visible to the general public indicating that the Pearce Bespoke Franchise is independently owned and operated.
E. Substitutions.
If at any time Franchisor determines it advisable or necessary, Franchisee will, upon receiving written notice from the Franchisor, immediately, at is expense, make such changes and amendments or discontinuation of or to any or all of the Marks as Franchisor may require. Franchisee will not make any changes, amendments, or discontinuations of or to the use of any of the Marks and Business System unless directed by Franchisor in writing.
F. Litigation.
Franchisee will not, without Franchisor's prior written consent, defend, or enforce any of the Marks in any court or other proceedings for or against imitation, infringement, any claim of prior use, or for any other allegation.
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to the 2025 Pearce Bespoke Franchise Disclosure Document, a franchisee's right to use and identify with the Marks and Business System is limited to the operation of their Pearce Bespoke franchise within their designated territory. This right exists only for the duration of the Franchise Agreement and as long as the franchisee fully complies with Pearce Bespoke's quality and operating standards. The franchisee can only use the Marks and Business System in ways that Pearce Bespoke directs and approves in writing.
The Pearce Bespoke franchisee cannot acquire any rights in the Marks or Business System beyond what is outlined in the Franchise Agreement. If Pearce Bespoke believes that a franchisee's actions are damaging the goodwill, uniformity, quality, or business standing associated with the Marks and Business System, the franchisee must immediately change or stop using the Marks and Business System as directed by Pearce Bespoke in writing. The franchisee is prohibited from taking any direct or indirect actions that could harm, infringe upon, mislead, or contest Pearce Bespoke's rights to the Marks or Business System, both during and after the term of the agreement. Additionally, franchisees are not allowed to advertise liquidation or going-out-of-business sales.
Pearce Bespoke franchisees must operate their franchise in a way that clearly identifies and advertises it as a Pearce Bespoke franchise. The style, form, and use of the words "Pearce Bespoke" in any advertising, written materials, or supplies requires Pearce Bespoke's prior written approval, which will not be unreasonably withheld. Franchisees must use the name "Pearce Bespoke" and other Marks that are part of the Business System on all paper supplies, business cards, letterhead, envelopes, uniforms, advertising materials, signs, or other articles in the exact manner required by Pearce Bespoke in writing. Compliance with all trademark, trade name, service mark, and copyright notice marking requirements is mandatory.
Pearce Bespoke requires franchisees to use the Marks and Business System in strict compliance with the standards, operating procedures, specifications, requirements, and instructions that Pearce Bespoke sets for all franchisees, which Pearce Bespoke may change periodically. These standards are in place to protect Pearce Bespoke's interests in the Business System and the Marks. The Operations Manual and other written materials will generally outline these required standards, and may also include guidelines or recommendations. Franchisees may follow these recommendations or guidelines, or choose another suitable alternative, as long as they meet the required standards. However, Pearce Bespoke reserves the right to determine if a franchisee is meeting a required standard and whether an alternative is suitable.