Can Spray Net change the designated Proprietary Marks after the franchise agreement is signed?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
hat makes the System unique as a whole; and (ii) the combined methods, information, procedures, and theories that make up the total System or are contained in the relevant manuals that are proprietary and confidential.
- C. The System and Franchised Businesses are primarily identified by the mark SPRAY-NET, as well as certain other trade names, trademarks, service marks and trade dress, all of which Franchisor may modify, update, supplement or substitute in the future (collectively, the "Proprietary Marks").
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, Spray Net has the right to modify, update, supplement, or substitute the Proprietary Marks in the future. The Proprietary Marks identify the System and Franchised Businesses, and include the mark SPRAY-NET, along with other trade names, trademarks, service marks and trade dress.
This means that Spray Net franchisees must be prepared for potential changes to the branding and identity of their business. While the core SPRAY-NET mark is likely to remain, other elements could be altered. Franchisees are required to maintain and display signage and advertising that reflects Spray Net's current commercial image and must discontinue use of any obsolete Proprietary Marks upon notice from Spray Net.
These changes are part of Spray Net's right to modify the System as it deems appropriate. Franchisees acknowledge the value of the Proprietary Marks and the importance of maintaining uniform standards. Franchisees must adhere to any changes made to the Proprietary Marks and update their signage and advertising accordingly. Failure to comply with these changes could result in a breach of the franchise agreement.
It is important for prospective franchisees to understand that Spray Net retains control over its Proprietary Marks and System. While franchisees benefit from using these marks, they must also accept the possibility of changes and updates. This is a common practice in franchising, as franchisors need to adapt to market trends and maintain a consistent brand image.