What is the meaning of 'Marks' in relation to a Bumper Man business?

According to Bumper Man's 2025 Franchise Disclosure Document, 'Marks' refer to the brand's trademarks, service marks, and other identifying symbols. These include registered and unregistered trademarks, trade names, service marks, logos, slogans, emblems, and other indicators of origin that Bumper Man designates in writing for use within its system. In essence, 'Marks' represent the brand's identity and what distinguishes it in the marketplace.

For a prospective Bumper Man franchisee, understanding the definition of 'Marks' is crucial because it dictates how they can represent their business. Franchisees are generally required to use the Marks as the sole identification of their Bumper Business, while also identifying themselves as the independent owner. The agreement strictly limits how franchisees can use these Marks, prohibiting modifications, unauthorized services, or use in domain names without explicit written consent from Bumper Man. Franchisees must also display the Marks in a manner prescribed by Bumper Man, including on the business location, supplies, and marketing materials.

The franchise agreement emphasizes that all goodwill associated with the use of the Marks benefits Bumper Man exclusively. The franchisee gains no ownership interest in the Marks or other intellectual property. This is a common arrangement in franchising, where the franchisor retains control over its brand identity and reputation. Unauthorized use of the Marks by the franchisee constitutes a breach of the agreement and an infringement of Bumper Man's intellectual property rights, potentially leading to default or termination of the franchise agreement.

Upon termination or expiration of the franchise agreement, the franchisee must immediately cease all use of the Marks and take steps to disassociate from the Bumper Man brand. This includes assigning or canceling any electronic addresses, domain names, or social media accounts associated with the brand. Franchisees must also remove all signs, vehicle wraps, and other materials displaying the Marks. This ensures a clear separation between the franchisee's former business and the Bumper Man brand, preventing confusion and protecting the brand's integrity.