Where in the All County Franchise Agreement can I find details regarding 'Marks'?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: Receipts]
1.1. Acknowledgements.
- 1.1.1. You acknowledge that you have read this Agreement and our Franchise Disclosure Document and understand and accept the terms, conditions and covenants contained in this Agreement as being reasonably necessary to maintain our high standards of quality and service and the uniformity of those standards at each ALL COUNTY® business.
- 1.1.2. You acknowledge that you have conducted an independent investigation of operating an ALL COUNTY® business and recognize that the nature of this business may evolve and change over time and that an investment in an ALL COUNTY® business involves business risks and that your business abilities and efforts are vital to the success of the venture.
- 1.1.3. You acknowledge that any information you acquired from other ALL COUNTY® franchisees relating to their sales, profits or cash flows does not constitute information obtained from us, nor do we make any representation as to the accuracy of any such information. You further acknowledge that we have advised you to seek franchise counsel to review and evaluate this Agreement.
- 1.2. Grant of Franchise. You desire a franchise to own and operate an ALL COUNTY® Business. Subject to the terms of and upon the conditions contained in this Agreement, we hereby grant you a franchise (the "Franchise") to operate an ALL COUNTY® Business solely at the business location address (the "Location") identified on Appendix B, and a license to use the Marks and the System in the operation thereof, for a term commencing on the Effective Date of this Agreement and expiring on the tenth (10th) anniversary of that date (the "Term"), unless sooner terminated. You may not operate the Business from any site other than the Location without our prior written consent. Except as otherwise provided in Article 7, we (and our affiliates) will not establish, or grant to a franchisee the right to establish, another ALL COUNTY® business office to be located within the geographical area set forth in Appendix B attached hereto (the "Territory"). You acknowledge and agree that you have no recourse against us if other Franchisees are granted allowances or rights that are not granted to you.
2. FEES AND PAYMENTS.
[Item 23: Receipts]
"Managing Owner" means the Owner of the Franchised Business that has all the authority necessary to carry out day to day business decisions, answer any questions or requests we have, and bind you.
"Manual" or "Operations Manual" means our confidential ALL COUNTY® Operations Manual which contains the required policies and procedures for the operation of the Franchised Business, and includes all specifications contained in the "Information Library" on our intranet site, or such substitute database as we may use, and all supplemental bulletins, memoranda, revisions and replacements.
"Marks" means the current and future trade names, trademarks, service marks and trade dress used to identify ALL COUNTY® businesses and the services and products offered by ALL COUNTY® businesses, including the "ALL COUNTY" mark.
"Marks Standards" means standards specified in the Manual for interior and exterior Mark-bearing signs, advertising, and other items and the use of these items in the Franchised Business.
"Methods of Operation" means the mandatory and suggested specifications, standards, operating procedures and rules that we prescribe for the operation of the Franchised Business.
"Minimum Gross Revenue Requirement" means the minimum Gross Revenue you must derive from the operation of the Franchised Business each calendar year during the Term of the Franchise Agreement.
"National Accounts" means regional or national businesses with which we've agreed to provide services to customers at certain National Account locations, which may include National Account locations within your Territory.
"Ongoing Website Hosting and Maintenance Fee" means the monthly fee you pay to us for ongoing access to our website and online systems.
"Operating Standards" means the standards specified in the Manual for customer service, hours, required services and products, and employee training.
"Operating System" means the plan and system as updated and revised from time to time for providing our real estate property management services using our software, accounting methods, merchandising, equipment selection, advertising, promotional techniques, personnel training and quality standards that feature the Marks and includes all proprietary materials, our Operating Standards, Marks Standards, and Technology Standards.
[Item 23: Receipts]
14. MARKS.
All provisions of this Agreement applicable to the Marks apply to any additional proprietary trademarks and service marks and commercial symbols that we authorize you to use.
- 14.1. Ownership of Marks. You do not have an ownership interest in the Marks used with the Business.
[Item 23: Receipts]
23.2. Marks. Upon the termination, for any reason, or expiration of this Agreement:
23.2.1. you may not directly or indirectly at any time or in any manner (except with respect to other ALL COUNTY® businesses you own and operate) identify yourself or any business as a current or former ALL COUNTY® business, or as one of our licensees or franchisees, use any Marks, any colorable imitation thereof or other indicia of an ALL COUNTY® business in any manner or for any purpose or utilize for any purpose any trade name, trademark or service mark or other commercial symbol that indicates or suggests a connection or association with us;
23.2.2. you agree to take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to your use of any Marks;
23.2.3. if we do not exercise our option to purchase the Business pursuant to Article
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, several sections of the Franchise Agreement address the use of 'Marks'.
Item 1.2 discusses the grant of the franchise, stating that All County grants the franchisee a license to use the Marks and the System in the operation of the All County business. Item 14 within the Franchise Agreement contains provisions applicable to the Marks, including additional proprietary trademarks, service marks, and commercial symbols that All County authorizes the franchisee to use. Item 14.1 explicitly states that the franchisee does not have an ownership interest in the Marks used with the business.
Additionally, the document defines "Marks" as the current and future trade names, trademarks, service marks, and trade dress used to identify All County businesses and the services and products they offer, including the "ALL COUNTY" mark. The "Marks Standards" are defined as the standards specified in the Operations Manual for interior and exterior Mark-bearing signs, advertising, and other items, as well as the use of these items in the franchised business.
Finally, upon termination or expiration of the Franchise Agreement, Item 23.2 outlines restrictions on the franchisee's use of the Marks. Specifically, the franchisee cannot identify themselves or any business as a current or former All County business or use any Marks or imitations thereof. They must also take action to cancel any fictitious or assumed names related to their use of the Marks.