Does Augusta Lawn Care consider the 'Augusta Lawn Care' trademarks to be part of its intellectual property?

According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the brand considers its trademarks, including "Augusta Lawn Care", as part of its intellectual property. This is explicitly stated in the definitions provided within the sample confidentiality agreement. The FDD defines "Intellectual Property" as collectively or individually including the brand's Marks, Copyrights, Know-how, and System.

The definition of "Marks" includes the logotypes, service marks, and trademarks involved in the operation of an Augusta Lawn Care Business, specifically mentioning "Augusta Lawn Care" and any other trademarks, service marks, or trade names designated for use by franchisees. This definition extends to any distinctive trade dress used to identify an Augusta Lawn Care Business, whether existing or created in the future.

For a prospective franchisee, this means that the Augusta Lawn Care name and associated logos are protected assets of the company. Franchisees are granted the right to use these marks under the terms of the franchise agreement, but they do not own them. Any unauthorized use or infringement of these marks could have legal ramifications, and Augusta Lawn Care retains control over the defense and settlement of any proceedings related to the marks. Franchisees must adhere to the guidelines and limitations set by Augusta Lawn Care regarding the use of the Trade Name and Marks, and they cannot use the name in the name of their legal entity.