Does Augusta Lawn Care have the right to license the use of the registered trademark to franchisees?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 13 — TRADEMARKS (FDD pages 28–30)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, Augusta Lawn Care has the right to license the use of its registered trademark to franchisees. This right is granted for the term of the Franchise Agreement, including any extensions or renewals. Augusta Lawn Care's right to use and license its trademarks is based on a 99-year intellectual property license agreement with its affiliate, Augusta Lawn Care IP, LLC, which is set to end on July 31, 2118, unless not renewed or terminated due to a material breach with a 30-day notice. Under this agreement, Augusta Lawn Care is authorized to permit others to use the Marks.
This means that as a franchisee, you are authorized to operate your business using Augusta Lawn Care's trademarks, service marks, logos, and other identifying symbols, as designated by Augusta Lawn Care in writing. However, franchisees must adhere to Augusta Lawn Care's rules regarding the use of these marks and cannot modify them without express written consent. Franchisees are also prohibited from using the marks in connection with the sale of unauthorized products or services or in any manner not explicitly authorized by Augusta Lawn Care.
It is important to note that franchisees cannot use any of the Marks, including "Augusta Lawn Care," in the name of their corporation, limited liability company, partnership, or other legal entity. Additionally, franchisees are restricted from registering any domain name or operating any website that includes the terms "Augusta Lawn Care," although they can request a webpage within the Augusta Lawn Care website to include information specific to their franchised business. These regulations ensure brand consistency and protect Augusta Lawn Care's trademarks.
Augusta Lawn Care also states that they have filed all required forms and affidavits for their trademarks and intend to renew the registrations as required by law. Franchisees are obligated to notify Augusta Lawn Care immediately if they become aware of any infringement or challenge to the use of the trademarks. Augusta Lawn Care will then take appropriate action and has exclusive control over any settlement or proceeding concerning the Marks. Franchisees must also take actions deemed advisable by Augusta Lawn Care's counsel to protect and maintain the company's interests in any proceeding or to otherwise protect the Marks.