Can a Southern Steer franchisee use the Mark(s) in association with any business other than the Southern Steer Business?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise Agreement grants You the non-exclusive right to use the Mark(s) in Your Southern Steer Business. You may only use the Mark(s) in the manner authorized in the Franchise Agreement and Brand Manual. You may not use the Mark(s) as part of Your corporate or other entity name. You must also follow Our instructions for identifying Yourself and for filing and maintaining the requisite trade name or fictitious name registrations. You must follow Our rules when You use the Mark(s). Guidelines regarding proper trademark use and notices are in the Brand Manual and may be updated periodically in Our discretion. You cannot use any of Our other marks or trade names that We have not licensed to You under the Franchise Agreement. You may not use the Mark(s) or any other mark or trade name We or Our Affiliates own to sell unauthorized products or services or in a manner We do not authorize. You cannot use the Mark(s) or any other mark or trade name We or Our affiliates owns in association with any business other than the Southern Steer Business. You cannot use the Mark(s) or any other mark We or Our Affiliate own in any domain name or on the Internet without Our approval, which may be withheld in Our determination.
Source: Item 13 — ITEM. 13 TRADEMARKS (FDD pages 38–39)
What This Means (2025 FDD)
According to Southern Steer's 2025 Franchise Disclosure Document, a franchisee's right to use the brand's trademarks is explicitly limited to their Southern Steer Business. The Franchise Agreement grants a non-exclusive right to use the marks, but this use must align with the guidelines in the Franchise Agreement and Brand Manual. This means a franchisee cannot use the Southern Steer trademarks, or any other trademarks owned by Southern Steer or its affiliates, to promote or operate any other business venture.
This restriction extends to preventing the use of Southern Steer's marks as part of the franchisee's corporate or entity name, ensuring that the brand's identity remains distinct and consistent. Furthermore, franchisees need approval from Southern Steer to use the marks in any domain name or on the Internet, giving Southern Steer control over its online brand presence. These measures are typical in franchising to protect the brand's reputation and ensure uniform representation across all franchise locations.
The FDD also states that franchisees must adhere to Southern Steer's instructions for identifying themselves and for filing and maintaining trade name or fictitious name registrations. This reinforces the importance of following the franchisor's guidelines to maintain brand consistency and comply with legal requirements. The Brand Manual, which may be updated periodically, contains guidelines regarding proper trademark use and notices, highlighting the need for franchisees to stay informed about any changes to trademark usage rules.
In summary, a Southern Steer franchisee's use of the brand's trademarks is strictly limited to the operation of their Southern Steer Business. Any deviation from this, such as using the marks for another business or without proper authorization, would be a violation of the Franchise Agreement and could have legal and financial repercussions.