Are there any agreements currently in effect that significantly limit Byrider Franchising Partners' rights to use or license the Marks in a manner material to the Byrider franchise?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 13 — Trademarks (FDD pages 51–54)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, 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. This means that Byrider Franchising Partners has full control over its trademarks and can license them to franchisees without significant restrictions from outside parties. This is a positive sign for prospective franchisees, as it indicates that Byrider has a strong legal position regarding its brand and can protect its trademarks effectively. This protection extends to franchisees, as Byrider will indemnify them against damages from authorized use of any Mark.
However, franchisees must adhere to Byrider's rules when using the Marks. Franchisees cannot use any Mark as part of their corporate or legal business name or with modifying words, designs, or symbols, except for those Byrider licenses to them. They are not permitted to use any Mark in performing unauthorized services, selling unauthorized products, or in any manner Byrider has not expressly authorized in writing. Any websites relating to the Byrider franchise must be approved by Byrider prior to being published on the Internet and must have a banner link to Byrider's corporate homepage.
Franchisees must also notify Byrider immediately of any apparent infringement or challenge to their use of any Mark, or of any claim by any person of any rights in any Mark. Byrider has sole discretion to take 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. Franchisees must sign any instruments and documents, provide any assistance, and take any action that Byrider's attorneys deem necessary to protect Byrider's interests in the Marks.
If Byrider directs a franchisee to modify or discontinue the use of any Mark due to a trademark infringement challenge, the franchisee must comply within a reasonable time after receiving notice. Byrider will reimburse the franchisee for reasonable direct expenses of changing printed advertising and marketing materials for which they have paid. However, Byrider will not be obligated to reimburse the franchisee for any loss of revenue attributable to any modified or discontinued Mark or for any expenditures made to promote a modified or substitute trademark or service mark.