What rights does a Boulder Designs franchisee receive to use the trademarks?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Business is to be located.
All usage of the Marks by you and any goodwill established through your use will exclusively benefit us. You will not receive any rights to the Marks other than the nonexclusive right to use them in the operation of your Franchised Business. You may only use the Marks in accordance with our standards, operating procedures and specifications. Any unauthorized use of the Marks by you is a breach of the Franchise Agreement and an infringement of Our rights in the Marks. You may not contest the validity or ownership of the Marks, including any Marks that we license to you after you sign the Franchise Agreement. You may not assist any other person in contesting the validity or ownership of the Marks.
We will protect you against claims of infringement or unfair competition arising from your use of any Marks provided (a) you immediately notify us of any apparent infringement of, or challenge or claim to you use of any Marks, (b) you are in complete compliance with your Franchise Agreement; (c) you allow us to take whatever action we deem appropriate in these situations. This means we have exclusive control over any settlement or proceeding concerning any Mark; and (d) you agree to be a witness in any legal, mediation, or arbitration proceeding on our behalf. You must take any actions that, in the opinion of our counsel, may be advisable to protect and maintain our interests in any proceeding or to otherwise protect and maintain our interests in the Marks. You may not communicate with any person other than us and our counsel regarding any infringements, challenges or claims, however, you may communicate with your own counsel at your own expense.
You must use the Marks as the sole trade identification of the Franchised Business; however, you may not use any Mark or part of any Mark as part of your business entity name in any modified form. You may not use any Mark in connection with the sale of any unauthorized products or services, or in any other manner that we do not authorize in writing. You must obtain a fictitious or assumed name registration if required by your state or local law.
You must notify us in writing before applying for your own trademark or service mark registrations, whether state or federal. You must not register or seek to register as a trademark or service mark, either with the USPTO or any state or foreign country, any of the Marks or a trademark or service mark that is confusingly similar to any of our Marks.
You may not create or establish or operate an Internet site or website using any domain name containing, the words "Boulder Designs" or any variation thereof without our prior written consent.
Source: Item 13 — TRADEMARKS (FDD pages 34–36)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, franchisees receive a nonexclusive right to use the Boulder Designs trademarks in the operation of their franchised business. This usage must align with Boulder Designs's standards, operating procedures, and specifications. Any unauthorized use of the trademarks constitutes a breach of the Franchise Agreement and an infringement of Boulder Designs's rights. Franchisees cannot contest the validity or ownership of the trademarks, including any trademarks licensed after the Franchise Agreement is signed, nor can they assist others in doing so.
The Boulder Designs franchisee must use the trademarks as the sole trade identification of their franchised business but cannot use any trademark or part of a trademark as part of their business entity name in any modified form. They are prohibited from using any trademark in connection with the sale of unauthorized products or services or in any manner not authorized in writing by Boulder Designs. If required by state or local law, franchisees must obtain a fictitious or assumed name registration. Franchisees must also notify Boulder Designs in writing before applying for their own trademark or service mark registrations and cannot register any marks confusingly similar to Boulder Designs's marks.
Boulder Designs retains control over social media sites and applications, though franchisees can create social media accounts using the trademarks, provided they comply with Boulder Designs's standards and specifications. All materials and campaigns for these social media accounts must be pre-approved. Franchisees must provide Boulder Designs with login and password information for any such accounts and relinquish all rights to the account upon termination or nonrenewal of the franchise agreement. Boulder Designs can also require franchisees to modify or discontinue the use of any trademark, and while franchisees may need to update supplies, signs, and fixtures to conform to current standards, they won't be required to spend more than their initial investment during the initial term of the Franchise Agreement.
Boulder Designs will protect franchisees against infringement claims arising from their use of the trademarks, provided the franchisee notifies Boulder Designs of any infringement, complies with the Franchise Agreement, allows Boulder Designs to control any related legal action, and agrees to be a witness if necessary. Boulder Designs has the right to control the defense and settlement of any such proceeding. All goodwill established through the franchisee's use of the trademarks will exclusively benefit Boulder Designs.