What are the Marks that Augusta Lawn Care designates for use in connection with the System?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
approval.
ITEM 13 TRADEMARKS
We grant you the right to operate a business using our System, which is identified by means of certain trade names, service marks, trademarks, logos, emblems and indicia of origin (the "Marks"), as are designated by us in writing for use in connection with the System. Our right to use and license others to use the Marks is exercised pursuant to a ninety-nine (99) year intellectual property license agreement with our affiliate, Augusta Lawn Care IP, LLC (the "IP Agreement"), which, if not renewed, ends on July 31, 2118, and which can be terminated upon thirty-days' notice for a material breach. Under the IP Agreement, we are granted the right to use and to permit others to use the Marks. We have the right to license the use of the registered trademark to you for the term of the Franchise Agreement, including any extensions or renewals.
The following trademark for registration on the Principal Register of the United States Patent and Trademark Office has been filed:
| Trademark | Registration Date | Registration Number | Principal or Supplemental Register |
|---|---|---|---|
| November 26, 2019 | 5920793 | Principal |
You must follow our rules when you use the Marks. You cannot, under any circumstances, use any Mark with modifying words, designs or symbols, except for those which we license to you or have expressly approved in writing. You cannot modify a Mark in any way without our express written consent. You may not use any Mark in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by us.
You may not, under any circumstances, use any of the Marks, including "Augusta Lawn Care," in any manner, in the name of your corporation, limited liability company, partnership, or other legal entity.
We have filed all required forms and affidavits, and none of these trademarks have yet been renewed. We intend to renew the registrations for the mark at the times required by law.
In connection with the establishment of our trademarks, we operate a website for the promotion of the marks and Augusta Lawn Care Businesses. This website lists the location, operating hours, and other facts regarding our Businesses. You may not register any domain name nor operate any website that includes the terms "Augusta Lawn Care." You may request the establishment of a web page within the Augusta Lawn Care website to include additional information specific to your franchised Augusta Lawn Care Business.
The confidentiality provisions of the Franchise Agreement apply to all uses of electronic media.
Determinations
There is no currently effective determination of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of this state or any court, or any pending interference, opposition or cancellation proceeding, or any pending material litigation involving the above-described Marks which are relevant to your use of these Marks.
Source: Item 13 — TRADEMARKS (FDD pages 28–30)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, franchisees have the right to operate a business using the Augusta Lawn Care system, which is identified by certain trade names, service marks, trademarks, logos, emblems, and indicia of origin, collectively known as the "Marks". These Marks are designated by Augusta Lawn Care in writing for use within the System. Augusta Lawn Care's right to use and license these Marks is based on a 99-year intellectual property license agreement with Augusta Lawn Care IP, LLC, which is scheduled to end on July 31, 2118, unless renewed, and can be terminated with a 30-day notice for a material breach.
Augusta Lawn Care may also acquire or develop additional trademarks, which they can use themselves or make available to franchisees and others. Franchisees are prohibited from contesting Augusta Lawn Care's rights to these trademarks, trade secrets, or business techniques. Franchisees may be required to display a notice indicating they are operating under a franchise agreement using the trademarks.
The trademark for registration on the Principal Register of the United States Patent and Trademark Office has been filed, with a registration date of November 26, 2019, and a registration number of 5920793. Franchisees must notify Augusta Lawn Care immediately of any infringement or challenge to the use of the trademarks, and Augusta Lawn Care has the exclusive right to control any settlement or proceeding concerning any Mark. Franchisees are obligated to take actions deemed advisable by Augusta Lawn Care's counsel to protect the interests in the Marks.
Augusta Lawn Care will indemnify franchisees from expenses incurred in legal proceedings disputing the authorized use of any Mark, provided the franchisee notifies Augusta Lawn Care in a timely manner and complies with their directions. However, Augusta Lawn Care will not cover expenses for independent legal counsel, removing signage, or discontinuing the use of any Mark, nor will they cover disputes where Augusta Lawn Care challenges the franchisee's use of a Mark. Franchisees must also modify or discontinue the use of a trademark if Augusta Lawn Care modifies or discontinues it, at the franchisee's own cost.