Is a Spray Net franchisee's use of Proprietary Marks limited to the franchised business premises?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
It is understood and agreed that the use by Franchisee of Franchisor's Proprietary Marks applies only in connection with the operation of the Franchised Business at the Premises, and includes only such Proprietary Marks as are now designated, or which may hereafter be designated in the Manuals or otherwise in writing as part of the System (which might or might not be all of the Proprietary Marks pertaining to the System owned by the Franchisor), and does not include any other mark, name, or indicia of origin of Franchisor now existing or which may hereafter be adopted or acquired by Franchisor.
- C. Use of Proprietary Marks in Advertising and Signage.
To develop and maintain high, uniform standards of quality and service and thereby protect Franchisor's reputation and goodwill, as well as that of the System, Franchisee agrees to:
Operate and advertise the Franchised Business only under the Proprietary Marks authorized by Franchisor as specified in this Agreement or the Manuals;
Maintain and display signage and advertising bearing the Proprietary Marks that reflects the current commercial image of the System and, upon notice from Franchisor, to immediately discard and cease use of Proprietary Marks or other imagery that has become obsolete and no longer authorized by Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, a franchisee's use of the company's Proprietary Marks is restricted to the operation of the franchised business at the designated premises. The franchisee is authorized to use only those Proprietary Marks that are specified in the franchise agreement, manuals, or in writing as part of the Spray Net system. This does not include any other marks, names, or symbols that Spray Net currently has or may adopt in the future.
Spray Net franchisees must operate and advertise their franchised business using only the Proprietary Marks authorized by Spray Net, as detailed in the agreement or manuals. They are also required to maintain and display signage and advertising that reflects the current commercial image of the Spray Net system. If Spray Net notifies a franchisee that certain Proprietary Marks or imagery are obsolete, the franchisee must immediately stop using them.
This policy ensures that all Spray Net franchises maintain a consistent brand image and quality of service. By limiting the use of Proprietary Marks to the approved premises and materials, Spray Net aims to protect its reputation and goodwill. Franchisees benefit from this consistency as it reinforces brand recognition and customer trust. However, franchisees must stay updated with any changes to the approved Proprietary Marks and ensure their advertising and signage comply with Spray Net's standards.