What rules must I follow when using Byrider's Marks?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
ll required renewals and affidavits with the USPTO.
You must follow Byrider Franchising Partners' rules when you use its Marks. You cannot use any Mark as part of your corporate or legal business name or with modifying words, designs or symbols (except for those Byrider Franchising Partners licenses to you). You will not be permitted to use any Mark in performing any unauthorized services, in selling any unauthorized products or in any other manner Byrider Franchising Partners has not expressly authorized in writing.
Any and all web sites or references made on the Internet relating to the Byrider franchise must be approved by Byrider Franchising Partners prior to being published on the Internet. Any and all web sites must have a banner link to the Byrider Franchising Partners, LLC, corporate home page (http://www.byrider.com). Byrider Franchising Partners will supply this image file to you.
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, nor are there any pending infringement, opposition or cancellation proceedings or material litigation, involving the principal trademark. There are no agreements currently in effect that significantly limit Byrider Franchising Partners' rights to use or license the Marks in a manner material to the franchise.
You must notify Byrider Franchising Partners immediately of any apparent infringement or challenge to your use of any Mark, or of any claim by any person of any rights in any Mark, and you may not communicate with any person other than Byrider Franchising Partners, Byrider Franchising Partners' attorneys and your attorneys of this infringement, challenge or claim. Byrider Franchising Partners has sole discretion to take the action it deems appropriate and the right to control exclusively any litigation, Patent and Trademark Office proceeding or any other administrative proceeding from this infringement, challenge or claim concerning any Mark. You must sign any instruments and documents, provide any assistance and take any action that, in the opinion of Byrider Franchising Partners attorneys, may be necessary or advisable to protect and maintain Byrider Franchising Partners interests in any litigation or Patent and Trademark Office or other proceeding or otherwise to protect and maintain Byrider Franchising Partners interests in the Marks.
If, in the circumstance of a trademark infringement challenge, Byrider Franchising Partners in its sole discretion directs you to modify or discontinue the use of any Mark or use one or more additional or substitute trade or service marks, you must comply with Byrider Franchising Partners' directions within a reasonable time after receiving notice. Byrider Franchising Partners will reimburse you for your reasonable direct expenses of changing printed advertising and marketing materials for which you have paid. However, Byrider Franchising Partners will not be obligated to reimburse you for any loss of revenue attributable to any modified or discontinued Mark or for any expenditures you make to promote a modified or substitute trademark or service mark.
Source: Item 13 — Trademarks (FDD pages 51–54)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, as a franchisee, you must adhere to Byrider Franchising Partners' rules when using their trademarks, service marks, and commercial symbols, collectively known as the "Marks." You are prohibited from using any Mark as part of your corporate or legal business name or with any modifications unless expressly licensed by Byrider Franchising Partners. Unauthorized services or products are not permitted to be associated with the Marks without explicit written authorization from Byrider. Furthermore, any website or internet reference related to the Byrider franchise requires prior approval from Byrider Franchising Partners and must include a banner link to Byrider's corporate homepage. Byrider will supply the image file for this banner link.
If there is an infringement or challenge to your use of any Mark, you must immediately notify Byrider Franchising Partners. You are not allowed to communicate with anyone other than Byrider Franchising Partners, their attorneys, and your own attorneys regarding the infringement, challenge, or claim. Byrider retains the sole discretion to take appropriate action and has the exclusive right to control any litigation or administrative proceedings related to the Marks. You are required to sign documents and provide assistance as deemed necessary by Byrider's attorneys to protect Byrider's interests in any legal or administrative proceedings.
In the event of a trademark infringement challenge, if Byrider directs you to modify or discontinue the use of any Mark, or to use substitute marks, you must comply with these directions within a reasonable time after receiving notice. Byrider will reimburse you for reasonable direct expenses incurred in changing printed advertising and marketing materials for which you have already paid. However, Byrider will not be responsible for reimbursing you for any loss of revenue due to the modified or discontinued Mark or for any expenses you incur promoting a modified or substitute mark. Byrider will indemnify you against damages for which you are held liable in any proceeding resulting from your authorized use of any Mark, and for costs you reasonably incur defending against any claim, provided you have notified Byrider in a timely manner and complied with the Franchise Agreement. Byrider has the option to defend and control the defense of any proceeding resulting from your use of any Mark.