Can Spray Net designate new Proprietary Marks in the future?
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"). The parties agree and acknowledge that Franchisor has established substantial goodwill and business value in its Proprietary Marks, expertise, and System.
- D. Franchisor is in the business of granting qualified individuals and entities a franchise for the right to independently own and operate a single Franchised Business utilizing the Proprietary Marks and System at a location that Franchisor approves in writing.
©2025 Spray-Net Inc. 2025 Spray-Net Inc. 1
- E.
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 its Proprietary Marks in the future. The Proprietary Marks identify the System and Franchised Businesses, including the mark SPRAY-NET and other trade names, trademarks, service marks, and trade dress. Spray Net may modify the System from time to time as it deems appropriate.
This means that Spray Net retains control over its brand identity and can adapt its trademarks and branding elements as the market evolves. For a franchisee, this implies that the visual and verbal representation of their business could change over time, requiring them to adapt their signage, advertising, and marketing materials to align with Spray Net's current branding. Franchisees are required to maintain and display signage and advertising bearing the Proprietary Marks that reflects the current commercial image of the System and, upon notice from Spray Net, to immediately discard and cease use of Proprietary Marks or other imagery that has become obsolete and no longer authorized by Spray Net.
While this flexibility allows Spray Net to stay current and competitive, it also places a responsibility on franchisees to remain informed about any changes to the Proprietary Marks and to invest in updating their business's branding accordingly. Franchisees should factor in potential costs associated with rebranding when evaluating the franchise opportunity. It is important for prospective franchisees to understand the scope and frequency of potential changes to the Proprietary Marks and how Spray Net will support franchisees in implementing these changes.