Can a Bumble Roofing franchisee dispute the validity or ownership of the Marks or Copyrighted Materials?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Franchisee will never dispute, contest, or challenge, directly or indirectly, the validity or enforceability of the Marks or Copyrighted Materials or the ownership of the Marks or Copyrighted Materials by Franchisor and its Affiliates, nor counsel, procure, or assist anyone else to do the same, nor will it take any action that is inconsistent with the ownership of the Marks or Copyrighted Materials by Franchisor and its Affiliates, nor will it represent that it has any right,
title, or interest in the Marks or Copyrighted Materials other than those expressly granted by this Agreement.
- (d) Franchisor or an Affiliate may decide, in its sole and absolute discretion, to apply to register or to register any trademarks or copyrights with respect to the Services, Products and any other products and services and the Copyrighted Materials.
Failure of Franchisor or an Affiliate to obtain or maintain in effect any such application or registration is not a breach of this Agreement.
Franchisee will not, before or after termination or expiration of the Agreement, register or apply to register any of the Marks or any trademark, service mark or logo confusingly similar thereto or any Copyrighted Materials, anywhere in the world.
- (e) Upon Franchisor's request, Franchisee will cooperate fully, both before and after termination or expiration of this Agreement and at Franchisor's expense, in confirming, perfecting, preserving, and enforcing the rights of Franchisor and its Affiliates in the Marks and Copyrighted Materials, including but not limited to, executing and delivering to Franchisor such documents as Franchisor reasonably requests for any such purpose, including but not limited to, assignments, powers of attorney, and copies of commercial documents showing sale and advertising of the Services and Products and other products and services.
Franchisee hereby irrevocably appoints Franchisor as its attorney-in-fact for the purpose of executing such documents.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, franchisees are prohibited from challenging the validity or ownership of the brand's trademarks and copyrighted materials. The franchise agreement explicitly states that franchisees cannot directly or indirectly dispute the validity or enforceability of the Marks or Copyrighted Materials.
This restriction extends to preventing franchisees from assisting others in challenging Bumble Roofing's ownership or taking any actions that could be seen as inconsistent with the company's ownership. Franchisees also cannot claim any rights or interests in the Marks or Copyrighted Materials beyond what is expressly granted in the franchise agreement.
Bumble Roofing, or its affiliates, retain the right to register trademarks or copyrights related to the Services, Products, and Copyrighted Materials. The failure to obtain or maintain such registrations does not constitute a breach of the agreement. Furthermore, franchisees are prohibited from registering or attempting to register any of the Marks or confusingly similar trademarks, service marks, logos, or Copyrighted Materials, both during and after the term of the agreement.
To further protect Bumble Roofing's intellectual property, franchisees must cooperate in confirming, perfecting, preserving, and enforcing the rights of the company and its affiliates in the Marks and Copyrighted Materials. This includes executing and delivering necessary documents such as assignments, powers of attorney, and commercial documents. The franchise agreement includes an irrevocable appointment of Bumble Roofing as the franchisee's attorney-in-fact for executing these documents.