What modifications to the Proprietary Marks are Spray Net franchisees allowed to make?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not use all or any portion of our Proprietary Marks as part of your company name and, without our prior written consent, as part of your trade name. You may not modify the Proprietary Marks in any manner, including with words, designs or symbols, except those which we license to you. You may not use our Proprietary Marks in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by us. During the term of the Franchise Agreement and continuing after the expiration or termination of the Franchise Agreement, neither you nor any of your managers will, directly or indirectly, contest, challenge or assist in the contesting or challenging of, our right, title, ownership, or interest in our Proprietary Marks, trade secrets, methods, procedures, and advertising techniques that are part of our
Source: Item 13 — TRADEMARKS (FDD pages 52–53)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, franchisees are severely restricted in their ability to modify the Proprietary Marks. The FDD states that franchisees "may not modify the Proprietary Marks in any manner, including with words, designs or symbols, except those which we license to you." This means a Spray Net franchisee cannot alter the trademarks in any way without explicit permission or unless the modification is part of what Spray Net specifically licenses. This restriction extends to using the marks in company or trade names without prior written consent.
This policy is typical in franchising, as franchisors need to maintain brand consistency and protect their trademarks. Unauthorized modifications can dilute the brand and create legal issues. Spray Net retains exclusive ownership of the goodwill associated with its Proprietary Marks, meaning any increase in goodwill benefits Spray Net, not the franchisee. All rights to use the Proprietary Marks automatically revert to Spray Net upon expiration or termination of the Franchise Agreement.
Spray Net also has the right to modify or discontinue a trademark, and if this occurs, the franchisee is responsible for the tangible costs of compliance, such as changing signage and promotional materials. Spray Net is not obligated to reimburse the franchisee for any loss of revenue due to the modified or discontinued mark or for any expenses incurred to promote a modified or substitute mark. This places the financial burden of trademark changes on the franchisee, highlighting a potential risk.
Overall, the strict control Spray Net maintains over its Proprietary Marks is designed to protect its brand identity and ensure uniformity across all franchise locations. Prospective franchisees should be aware of these restrictions and the potential costs associated with any required changes to trademarks.