Under what conditions can a Bor Restoration franchisee use the Marks?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
hts as federally registered trademarks. If our right to use the trademarks is challenged, you may have to change to an alternative trademark, which may increase your expenses.
- e. We have licenses with our principal and our BOR IP Affiliate that permit us to sublicense these Marks to you.
- f. You have the right to use the Marks only as permitted under this Franchise Agreement and only for so long as you fully perform and comply with all of the conditions, terms, and covenants of this Franchise Agreement and our policies and procedures that we prescribe from time to time.
- g. You will not use any of the Marks as part of an electronic mail address or on any sites on the internet, and you will not use or register any of the Marks as part of a domain name.
- h. Any use of a Mark in advertising must be with our prior written approval as set forth in this Franchise Agreement and the Franchisee Manuals.
- i. You further agree to execute any additional documents and assurances reasonably requested by us in connection with our right to use the Mark, with our Affiliate's ownership of the Marks and with your use of the Marks and agree to fully cooperate with us or any of our other franchisees or licensees in securing all necessary and required consents of applicable Governmental Authorities.
6.3 Infringement
a. You will notify us in writing of any possible infringement on the Marks, any component of the System, and any part of the copyrighted materials or the illegal use by others of any Mark, any portion of the System, or any copyrighted materials that may be the same as, or confusingly similar to, that used by us.
| © 2024 All rights reserved BOR Franchising, LLC Gen 3-30-24 | 28 | ||
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| Initials | Initials |
- b. You acknowledge that we have the right, in our sole discretion, to determine whether any action will be taken because of any possible infringement or illegal use of the Marks, the System, or the Proprietary Information. We may commence or prosecute such action in our name and may join you as a party to the action if we determine it to be reasonably necessary for the continued protection and quality control of the Marks and each component of the System. If you learn of a third party that you believe is not authorized to use the Marks or any variant of them, you must promptly notify us. We will determine whether we wish to take any action against the third party. You will have no right to make any demand of us and have no right to prosecute any claim against the alleged infringer.
Source: Item 23 — Receipts (FDD pages 40–202)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, a franchisee's right to use the Marks is contingent upon several conditions. Bor Restoration permits franchisees to use the Marks only as allowed under the Franchise Agreement. This right is further dependent on the franchisee's full performance and compliance with all terms, conditions, and covenants outlined in the Franchise Agreement, as well as adherence to Bor Restoration's policies and procedures, which may be updated periodically.
A Bor Restoration franchisee is restricted from using any of the Marks as part of an email address or on any internet sites, including domain names. Any advertising that uses the Marks requires Bor Restoration's prior written approval, as detailed in the Franchise Agreement and Franchisee Manuals. Franchisees must also agree to execute additional documents and assurances reasonably requested by Bor Restoration to protect the Marks and cooperate with Bor Restoration and other franchisees or licensees in securing necessary consents from governmental authorities.
Furthermore, Bor Restoration retains the right to modify or discontinue the use of any Marks, and franchisees must comply with such changes at their own expense within a reasonable time after receiving written notice. All goodwill associated with the Marks inures directly and exclusively to the benefit of Bor Restoration. Any action by a franchisee that disparages or harms the goodwill associated with the Marks can result in immediate termination of the franchise rights without any right to cure the issue.
In practical terms, these stipulations mean that a Bor Restoration franchisee must be vigilant in adhering to all brand standards and operational guidelines to maintain their right to use the Marks. They must also be proactive in seeking approval for any advertising or marketing materials that feature the Marks. Failure to comply with these conditions could lead to a breach of the Franchise Agreement and potential loss of the franchise.