Is a Petro Stopping Center franchisee's right to use the Marks and Copyrights unconditional?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
Your right to use the Marks and the Copyrights is derived solely from this Agreement and limited to your operation of the Petro Center pursuant to and in compliance with this Agreement and all Petro System Standards we prescribe from time to time during the Term.
Your unauthorized use of the Marks and the Copyrights will be a breach of this Agreement and an infringement of our rights in and to the Marks and the Copyrights.
You acknowledge and agree that your usage of the Marks and the Copyrights and any goodwill established by such use will be exclusively for our benefit and that this Agreement does not confer any goodwill or other interests in the Marks or the Copyrights upon you (other than the right to operate the Petro Center in compliance with this Agreement).
All provisions of this Agreement applicable to the Marks and the Copyrights apply to any additional proprietary trade and service marks, Copyrights and commercial symbols we authorize you to use.
- 10.2 Limitations on Your Use of Marks and Copyrights.
You agree to use the Marks and Copyrights we designate and in the manner we designate as the sole identification of the Petro Center, except that you agree to identify yourself as the independent Owner in the manner we
prescribe.
You may not use modifying words, terms, designs or symbols (other than logos we license to you), in connection with the Marks or Copyrights, nor may you use any Mark or Copyright in connection with the performance or sale of any unauthorized services or products or in any modified form or other manner we have not expressly authorized in writing.
No Mark or Copyright may be used in any advertising concerning the transfer, sale or other disposition of the Petro Center or an Ownership Interest in you.
You agree to display the Marks and Copyrights prominently in the manner we prescribe at the Petro Center, on supplies or materials we designate and in connection with forms and advertising and marketing materials.
You agree to give such notices of trade and service mark registrations as we specify and to obtain any fictitious or assumed name registrations required under applicable law.
You must not use the Marks or any part of them as part of your corporate name or the legal name of your Business Entity.
Source: Item 14 — Other investments (FDD pages 131–208)
What This Means (2025 FDD)
According to Petro Stopping Center's 2025 Franchise Disclosure Document, a franchisee's right to use the brand's Marks and Copyrights is conditional and depends on full compliance with the franchise agreement. The right to use these Marks and Copyrights is not absolute but is specifically granted and limited by the terms outlined in the agreement.
A Petro Stopping Center franchisee's authorization to use the Marks and Copyrights is solely derived from the franchise agreement. This authorization is restricted to the operation of the Petro Center in accordance with the agreement and all Petro System Standards, which are subject to change during the term of the agreement. Unauthorized use of the Marks and Copyrights constitutes a breach of the agreement and an infringement of Petro Stopping Center's rights.
The franchise agreement emphasizes that all goodwill generated from the use of the Marks and Copyrights benefits Petro Stopping Center. The franchisee only has the right to operate the Petro Center in compliance with the agreement, without obtaining any other interests in the Marks or Copyrights. Furthermore, franchisees must use the Marks and Copyrights as designated by Petro Stopping Center and identify themselves as independent owners in a prescribed manner.
Franchisees are prohibited from using modifying words, terms, designs, or symbols with the Marks or Copyrights, or using them in connection with unauthorized services or products. The Marks and Copyrights must be displayed prominently at the Petro Center, on designated supplies and materials, and in advertising and marketing materials as prescribed by Petro Stopping Center. These stipulations ensure that the brand's identity and standards are consistently maintained, and any deviation could lead to a breach of the franchise agreement.