Does the Spray Net Confidentiality and Restrictive Covenant Agreement specify that the Proprietary Marks can be changed?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
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 may modify, update, supplement, or substitute its Proprietary Marks in the future. The Proprietary Marks identify the System and Franchised Businesses, and include trade names, trademarks, service marks and trade dress. As a Spray Net franchisee, you must use the Proprietary Marks in a manner that reflects the current commercial image of the Spray Net system.
Spray Net franchisees must discard and cease using any Proprietary Marks or imagery that Spray Net deems obsolete and no longer authorized. The franchisee acknowledges that the Proprietary Marks are the sole and exclusive property of Spray Net, and the franchisee's right to use them is contingent upon full and timely performance under the Franchise Agreement. Franchisees cannot use the Proprietary Marks as part of their corporate or any other business name, domain name, e-mail address, or any social media profile/page.
As a Spray Net franchisee, you are prohibited from making any changes or amendments to the Proprietary Marks unless directed by Spray Net in writing. Your right to use the Proprietary Marks is non-exclusive, and Spray Net can grant licenses to others to use the Proprietary Marks and develop other trademarks or service marks in conjunction with systems other than the System. Franchisees have no right or interest in any such other trademarks, licenses, or systems.
Overall, the terms outlined in the Spray Net Franchise Agreement ensure that Spray Net maintains control over its brand identity and can adapt its Proprietary Marks as needed. Franchisees must adhere to these changes and use the marks as directed by Spray Net, which is a fairly standard practice in franchising to maintain brand consistency and protect the franchisor's intellectual property.