What is Bigfoot Forestry's obligation regarding trademark renewals?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
All required affidavits have been filed and we intend to file all renewals by the required renewal date.
We may change the trademarks you may use from time to time, including by discontinuing use of the Marks listed in Item 13. If this happens, you must change to the new trademark at your expense.
You must notify us immediately if you discover an infringing use (or challenge to your use) of the Marks. We will take the action we deem appropriate. We are not required to take any action if we do not feel it is warranted. You may not control any proceeding or litigation involving our Marks.
The Franchise Agreement does not require that we: (a) protect your right to use the Marks; (b) protect you against claims of infringement or unfair competition arising out of your use of the Marks; or (c) participate in your defense or indemnify you for expenses or damages you incur if you are a party to an administrative or judicial proceeding involving our Marks or if the proceeding is resolved in a manner unfavorable to you.
Source: Item 13 — TRADEMARKS (FDD page 31)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, Bigfoot Forestry states its intention to file all trademark renewals by the required renewal date. However, Bigfoot Forestry retains the right to change the trademarks that franchisees are permitted to use, which may include discontinuing the use of certain marks. If Bigfoot Forestry changes the approved trademarks, franchisees must switch to the new trademark at their own expense.
Bigfoot Forestry does not guarantee protection of a franchisee's right to use the marks, nor does it protect against infringement claims arising from the franchisee's use of the marks. Furthermore, Bigfoot Forestry is not obligated to participate in a franchisee's defense or cover expenses if the franchisee is involved in legal proceedings related to the trademarks. The FDD states that franchisees must notify Bigfoot Forestry immediately if they discover any infringing use (or challenges to their use) of the marks, and Bigfoot Forestry will then take action it deems appropriate, but is not required to take any action.
This arrangement is typical in franchising, where the franchisor owns and controls the trademarks, and the franchisee is granted a limited right to use them. While Bigfoot Forestry intends to maintain the trademarks, the company's flexibility to change them and the lack of explicit protection for franchisees against infringement claims are important considerations. Prospective franchisees should assess the potential costs and risks associated with these trademark-related terms.