Does the 1-800-GOT-JUNK? franchise agreement require the franchisee to use a specific symbol to indicate the Marks are trademarks?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall use ®, TM or some other symbol directed by Franchisor, to indicate to the public that each of the Marks is a trademark belonging to Franchisor and shall in such usage clearly indicate this by using the phrase “Trademark owned by RBDS Rubbish Boys Disposal Service Inc.” or some other phrase designated or approved by Franchisor.
All provisions of this Agreement applicable to the Marks shall apply to any additional proprietary trademarks, service marks and commercial symbols hereafter authorized by Franchisor for use by Franchisee from time to time.
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to the 2025 1-800-GOT-JUNK? Franchise Disclosure Document, franchisees are required to indicate that the Marks are trademarks belonging to the franchisor. Specifically, the franchisee must use either the "®", "TM", or another symbol as directed by 1-800-GOT-JUNK?. The franchisee must also clearly indicate trademark ownership by using the phrase "Trademark owned by RBDS Rubbish Boys Disposal Service Inc." or another phrase designated or approved by 1-800-GOT-JUNK?.
This requirement ensures that the public is aware that the Marks are protected and owned by 1-800-GOT-JUNK?. It also helps to maintain the integrity and value of the brand by preventing unauthorized use of the Marks. The agreement also states that all provisions applicable to the Marks also apply to any additional proprietary trademarks, service marks, and commercial symbols authorized by 1-800-GOT-JUNK? for the franchisee's use.
This obligation extends to all documented and electronic representations of the franchised business, including advertising, stationery, business cards, purchase orders, sales slips, checks, and other business documents. Furthermore, franchisees must identify themselves as independently owned and operated franchisees of 1-800-GOT-JUNK? on all vehicles, invoices, contracts, agreements, correspondence, and other materials used in the franchised business. Franchisees are prohibited from making any registration or representation related to any of the Marks that would grant or suggest the franchisee has ownership of the Marks or any part of the Marks.
1-800-GOT-JUNK? also retains the right to inspect the franchisee's activities and materials related to the Marks. Franchisees must provide reasonable access to the franchised location for inspection and provide samples of all materials bearing the Marks upon request. This allows 1-800-GOT-JUNK? to ensure compliance with the trademark usage requirements and maintain brand consistency across all franchise locations.