Does Bumper Man have any agreements that limit their rights to use or license the use of their Marks?

There are no agreements in effect that limit our rights to use or license the use of our Marks. The Franchise Agreement contains several restrictions on your right to use the Marks. You may not use them to sell or distribute any goods or services we have not approved. You must use the Marks only in the precise form we prescribe.

There are no currently effective determinations of the U.S. Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator or of any state or any court that might affect ownership, use or licensing of any of the Marks we currently use. Further, there are no pending interference, opposition or cancellation proceeding, and no pending litigation involving any of our principal Marks that might affect our ownership, use or licensing of them.

We know of no superior prior rights or infringing use that could materially affect your use of the Marks, and we know of no agreement currently in effect which significantly limit our rights to use or license the use of the Marks in any manner material to the franchise.

You must promptly notify us of any infringement of the Marks or of any challenge to the use of any of the Marks or claim by any person of any rights in any of the Marks. You and your principals must agree not to communicate with any person other than us, any designated affiliate, and our or their counsel about any infringement, challenge, or claim. We or our affiliates have sole discretion to take any action we deem appropriate and the right to exclusively control any litigation, or U.S. Patent and Trademark Office (or other) proceeding, from any infringement, challenge, or claim concerning any of the Marks. You must sign all instruments and documents and give us any assistance that, in our counsel's opinion, may be necessary or advisable to protect and maintain our interests or those of our affiliates in any litigation or proceeding or to otherwise protect and maintain our or their interest in the Marks.

We are not obligated to protect your rights to use the Marks or to protect you against claims of infringement or unfair competition. We are not obligated to participate in your defense and/or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving the Marks or if the proceeding is resolved unfavorably to you.

Source: Item 13 — TRADEMARKS (FDD pages 29–31)