What is Bor Restoration required to do to maintain the goodwill of the marks?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
o an alternative trademark, which may increase your expenses.
We have licenses with Mr. Zamucen and our BOR IP Affiliate to sublicense the Marks in connection with offering the franchise opportunity identified in this disclosure document. We must maintain the goodwill of the Mark by monitoring your use of the Marks.
There are presently no effective material determinations of, and there is no pending material litigation involving the USPTO, any trademark administrator of any state or federal court, trial, and appeal board, or of any federal or state court concerning a claim of interference, infringement, opposition, or cancellation involving any of the Marks. There is no pending federal or state court litigation regarding our use or ownership rights in any Marks that are material to the franchise. There are no infringing uses or previous superior rights known to us that can materially affect your use of the Mark in this state or any other state where your Business is to be located.
Except for the license, there are no currently effective agreements that significantly limit our rights to use or license the use of the Marks listed in this section in any manner material to the franchise.
Mr. Zamucen intends to renew all registrations and file all appropriate affidavits for the Marks when required by law.
We have the right to control any administrative proceedings or litigation involving a Mark licensed by us to you. If you learn of any claim against you for alleged infringement, unfair competition, or similar claims about the Marks, you must promptly notify us. We will take the action we deem necessary to defend you.
Source: Item 13 — Trademarks (FDD pages 30–31)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, Bor Restoration must maintain the goodwill of its marks by monitoring the franchisee's use of the marks. Additionally, Mr. Zamucen intends to renew all registrations and file all appropriate affidavits for the Marks when required by law.
This means that Bor Restoration is responsible for ensuring that franchisees use the trademarks correctly and in a way that does not damage the brand's reputation. This is a standard practice in franchising, as the franchisor's trademarks are a valuable asset. By monitoring franchisees' use of the marks, Bor Restoration can protect its brand and ensure that customers associate the trademarks with quality and consistency.
Furthermore, Bor Restoration has the right to control any administrative proceedings or litigation involving a Mark licensed to the franchisee. If a franchisee learns of any claim against them for alleged infringement, unfair competition, or similar claims about the Marks, they must promptly notify Bor Restoration. Bor Restoration will then take the action it deems necessary to defend the franchisee and must indemnify the franchisee for any action against them by a third party based solely on alleged infringement, unfair competition, or similar claims about the Marks, unless the claim is related to the franchisee's use of the Marks in violation of the Franchise Agreement.
Bor Restoration also has the right to require franchisees to modify or discontinue their use of any of the Marks, providing advance notice to all franchisees if this right is exercised. Additionally, if Bor Restoration determines it necessary to modify or discontinue the use of any proprietary Marks or to develop additional or substitute marks, franchisees must take action, at their sole expense, to comply with such changes within a reasonable time after receiving written notice.