What are the limitations on a franchisee's use of marks and copyrights for a Petro Stopping Center?
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 the 2025 Petro Stopping Center Franchise Disclosure Document, a franchisee's right to use the brand's marks and copyrights is strictly limited to the operation of their Petro Center, and must comply with the Franchise Agreement and all Petro System Standards. Unauthorized use of these marks and copyrights constitutes a breach of the agreement and an infringement of Petro Stopping Center's rights. All goodwill generated through the use of these marks and copyrights accrues exclusively to the benefit of Petro Stopping Center.
The franchisee must use the designated marks and copyrights as the sole identification of the Petro Center, while also identifying themselves as the independent owner in a prescribed manner. Franchisees are prohibited from using any modifying words, terms, designs, or symbols in connection with the marks or copyrights, except for logos specifically licensed to them. They cannot use any mark or copyright to promote or sell unauthorized services or products, or in any way that has not been expressly authorized in writing by Petro Stopping Center.
Furthermore, the marks and copyrights cannot be used in any advertising related to the transfer, sale, or disposition of the Petro Center or any ownership interest in it. Franchisees are required to prominently display the marks and copyrights as directed by Petro Stopping Center at the Petro Center, on designated supplies and materials, and in connection with forms, advertising, and marketing materials. They must also provide any notices of trade and service mark registrations as specified by Petro Stopping Center and obtain any necessary fictitious or assumed name registrations under applicable law. Franchisees are prohibited from using the marks or any part of them as part of their corporate name or the legal name of their business entity.
These limitations are typical in franchising, as they protect the brand's identity and reputation. A prospective Petro Stopping Center franchisee should carefully consider these restrictions to ensure they can operate within the defined boundaries and maintain compliance with the franchise agreement.