Can a 1-800-GOT-JUNK? franchisee use a name confusingly similar to the Marks for any business entity?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee’s name shall be clearly marked on all documented and electronic representations of the Franchised Business as well as on all Franchisee’s advertising, stationery, business cards, purchase orders, sales slips, checks, and other business documents in a manner specified or approved by Franchisor and which clearly indicates that Franchisee is the person, firm or corporation, as the case may be, operating the Franchised Business pursuant to a license from Franchisor.
Franchisee shall not use, as part of the name of any corporation or other business entity which may operate the Franchised Business (or any other corporation or business entity in which Franchisee has any interest), any of the Marks or any variation or derivative thereof or any word or phrase or combination of words confusingly similar thereto or colorably imitative thereof, nor may Franchisee use the Marks in connection with the sale or offering for sale of any service or item which has not been properly approved for sale pursuant to the requirements of this Agreement.
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 FDD, a 1-800-GOT-JUNK? franchisee is explicitly prohibited from using the brand's trademarks or any confusingly similar variations in the name of any business entity they operate, including the franchised business itself. This restriction extends to any corporation or business entity in which the franchisee holds an interest. The purpose of this clause is to protect 1-800-GOT-JUNK?'s brand identity and prevent customer confusion.
Specifically, the franchisee must operate the Franchised Business under the name “1-800-GOT-JUNK?” (or an alternative name directed by 1-800-GOT-JUNK? in writing). The franchisee's name must be clearly marked on all business-related materials, indicating that they are operating the business under a license from 1-800-GOT-JUNK?. This ensures transparency and reinforces the distinction between the franchisee's identity and the 1-800-GOT-JUNK? brand.
Furthermore, the franchisee is required to use the appropriate trademark symbols (®, TM) to indicate that the Marks are owned by RBDS Rubbish Boys Disposal Service Inc. This reinforces 1-800-GOT-JUNK?'s ownership of the trademarks and prevents any potential infringement. All provisions applicable to the Marks also apply to any additional trademarks, service marks, and commercial symbols authorized by 1-800-GOT-JUNK? for the franchisee's use.
These measures ensure that the franchisee's business operations are clearly identified as a licensed franchise of 1-800-GOT-JUNK? and that the brand's trademarks are protected from unauthorized use or imitation. This is a standard practice in franchising, as it safeguards the franchisor's brand equity and prevents potential legal issues related to trademark infringement.