Can a Bumper Man franchisee take actions that would prejudice the validity of the marks?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither you nor your principals may take any action that would
prejudice or interfere with the validity of our rights with respect to the Marks and may not contest the validity of our interest in the Marks or assist others to do so.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from taking any actions that could harm the validity of Bumper Man's trademarks. This restriction is in place to protect the brand's intellectual property and maintain its value. Franchisees must adhere to specific guidelines regarding the use of the marks, including using only designated marks in authorized ways and with the appropriate symbols. They must also follow instructions for identifying themselves as franchisees and maintaining trade name registrations.
This means a Bumper Man franchisee cannot do anything that might weaken or challenge Bumper Man's ownership or legal standing of its trademarks. This includes actions like contesting the validity of the trademarks or assisting others in doing so. Franchisees are also required to sign documents deemed necessary by Bumper Man or its counsel to protect the trademarks. This ensures that Bumper Man has the full cooperation of its franchisees in safeguarding its brand identity.
The FDD also states that franchisees cannot use the marks on the Internet, except as expressly permitted in writing by Bumper Man. This prohibition extends to using the marks in URLs, domain names, usernames, or email addresses without prior written approval. This restriction is likely in place to maintain control over the brand's online presence and prevent unauthorized or inappropriate use of the trademarks.
Bumper Man retains the right to substitute different trademarks if the current ones become unusable or if a substitution is deemed beneficial to the Bumper Man system. If this occurs, Bumper Man may require franchisees to discontinue or modify their use of existing marks and adopt new ones. However, Bumper Man will reimburse franchisees for reasonable out-of-pocket costs associated with using additional or substitute marks, providing some financial protection to franchisees in such situations.