What rules must a franchisee 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, franchisees must adhere to specific rules when using Byrider's trademarks, service marks, and commercial symbols (collectively referred to as "Marks"). These rules are designed to protect the brand's identity and ensure consistent representation across all franchise locations. Franchisees cannot use any Mark as part of their corporate or legal business name or with modifying words, designs, or symbols, unless explicitly licensed by Byrider. Additionally, franchisees are prohibited from using any Mark in performing unauthorized services, selling unauthorized products, or in any manner not expressly authorized in writing by Byrider. Any websites related to the Byrider franchise must be approved by Byrider before being published and must include a banner link to Byrider's corporate homepage. These measures ensure that all online representations of the franchise align with Byrider's standards and branding guidelines.
Franchisees are required to immediately notify Byrider of any apparent infringement or challenge to their use of any Mark, or any claim by any person of any rights in any Mark. The franchisee is not allowed to communicate with anyone other than Byrider, Byrider’s attorneys, and their own attorneys regarding the infringement, challenge, or claim. Byrider retains sole discretion to take appropriate action and has the exclusive right to control any litigation or administrative proceedings related to such infringements or claims. Franchisees must also sign any documents and provide any assistance necessary to protect Byrider's interests in the Marks. This ensures that Byrider maintains control over its brand and can take swift action against any unauthorized use or challenges to its trademarks.
In the event of a trademark infringement challenge, if Byrider directs a franchisee to modify or discontinue the use of any Mark, or to use substitute marks, the franchisee must comply within a reasonable time after receiving notice. Byrider will reimburse the franchisee for reasonable direct expenses incurred in changing printed advertising and marketing materials for which the franchisee has already paid. However, Byrider will not be obligated to reimburse the franchisee for any loss of revenue due to the modified or discontinued Mark, or for any expenditures made to promote a modified or substitute trademark. Byrider will indemnify the franchisee against all damages for which the franchisee is held liable in any proceeding resulting from authorized use of any Mark, and for all costs reasonably incurred in defending any claim, provided the franchisee has timely notified Byrider and complied with the Franchise Agreement. Byrider has the option to defend and control the defense of any proceeding resulting from the franchisee's use of any Mark. This arrangement provides some financial protection for franchisees while ensuring Byrider maintains control over legal matters related to its trademarks.