What kind of notice regarding trademark and service mark registration is a Byrider franchisee required to give?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
any modified form, nor may the Franchisee use the Marks in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized by the Company. The Franchisee shall not use the Marks as part of any domain name, homepage, electronic address, user name, user profile or otherwise in connection with a website (unless approved by the Company), including, without limitation, in connection with any social networking site which references or identifies the Franchisee's Business, Business Location or Franchisee as a part of the System. The Franchisee shall give such notice of trademark and service mark registration as the Company specifies and to obtain such fictitious or assumed name registrations as may be required under applicable law.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, a franchisee is required to provide notice of trademark and service mark registration as specified by Byrider. Additionally, the franchisee must obtain any fictitious or assumed name registrations as required by applicable law. This ensures that the franchisee operates under the Byrider brand in compliance with legal and brand standards.
This requirement means that Byrider franchisees must adhere to Byrider's instructions regarding how the trademarks and service marks are displayed and acknowledged. This includes any specific language, symbols, or disclaimers that Byrider mandates to indicate the registration of these marks. Furthermore, franchisees must register their business's name if local laws require it, ensuring they are legally operating under the Byrider brand in their specific location.
The franchisee cannot use the marks in any modified form, in connection with unauthorized products/services, or as part of any domain name or social networking site without approval from Byrider. If Byrider determines that the franchisee's actions infringe upon or demean the goodwill associated with the marks, the franchisee must immediately modify its use of the marks as directed by Byrider. This protects Byrider's brand identity and reputation.
These stipulations are typical in franchising, as franchisors like Byrider need to maintain consistent branding and protect their trademarks. Franchisees must be vigilant about using the marks correctly and obtaining the necessary registrations to avoid legal issues and uphold the brand's integrity.