Does Amerispec Inspection Services have any agreements limiting their right to use or license the use of the Marks?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no agreements limiting our right to use or license the use of the Marks. If you learn of an infringement or challenge to your use of the Marks, you must immediately notify us. We will take the action we think is appropriate. We are not obligated, by the Franchise Agreement or otherwise, to protect your right to use any Marks. However, we will protect you against claims of infringement or unfair competition that might be made against you from your use of the Marks as long as you are properly using them. We may, in this situation, take any action we think is appropriate to handle the claim.
Source: Item 13 — Trademarks (FDD pages 33–34)
What This Means (2025 FDD)
According to Amerispec Inspection Services's 2025 Franchise Disclosure Document, there are no agreements that limit their right to use or license their trademarks. However, if a franchisee becomes aware of any infringement or challenges to the use of the marks, they must immediately notify Amerispec Inspection Services.
Amerispec Inspection Services will then take action they deem appropriate, but they are not obligated to protect the franchisee's right to use any marks through the Franchise Agreement or otherwise. However, Amerispec Inspection Services will protect franchisees against claims of infringement or unfair competition arising from their proper use of the marks, and may take action they deem appropriate to handle such claims.
This means that while Amerispec Inspection Services retains control over the trademarks and will defend against infringement claims, the franchisee has a responsibility to report any potential issues. The franchisee should ensure they understand the proper usage of the marks to avoid any potential disputes or liabilities. It is also important to note that Amerispec Inspection Services can adopt new marks or change existing ones, and franchisees will be required to use the new or modified marks. In such cases, Amerispec Inspection Services will provide sufficient notice or compensate the franchisee for obsolete materials.