Does the Franchise Agreement for Canopy Lawn Care grant an exclusive right to use the Marks?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise Agreement grants you the nonexclusive right to use the Marks, including the service mark "CANOPY," and various designs and logo types associated with our services and Marks. You may also use other current or future Marks as we may designate to operate your Lawn Care Business.
We own the following service mark registered on the Principal Register with the United States Patent and Trademark Office ("USPTO"), and we intend to file all required affidavits and renewals:
Source: Item 13 — TRADEMARKS (FDD pages 41–42)
What This Means (2025 FDD)
According to Canopy Lawn Care's 2025 Franchise Disclosure Document, the Franchise Agreement grants franchisees a nonexclusive right to use the Marks. This means that Canopy Lawn Care retains the right to license the Marks to other franchisees or even use them themselves in the same territory. The service mark includes "CANOPY," along with associated designs and logos. Franchisees may also use other current or future Marks designated by Canopy Lawn Care to operate their Lawn Care Business.
As a Canopy Lawn Care franchisee, you must adhere to Canopy Lawn Care's rules when using their Marks. You cannot use the Marks alone or with modifications as part of a corporate or business name, or on the Internet, including URLs, domain names, or email addresses, without prior written approval. The Operations Manual contains guidelines regarding proper trademark use and notices, which Canopy Lawn Care may update periodically. Franchisees must also indicate they are independent operators as specified in the Franchise Agreement and Operations Manual.
Franchisees must notify Canopy Lawn Care immediately if they become aware of any infringement or challenges to the use of the Marks. Canopy Lawn Care has the right to take action to protect against unauthorized use of the Marks, and franchisees must cooperate with them. If Canopy Lawn Care requires a franchisee to join in any action, they will cover the franchisee's out-of-pocket expenses. However, Canopy Lawn Care is not required to participate in the franchisee's defense or indemnify them if they are involved in a trademark proceeding that is resolved unfavorably.
If Canopy Lawn Care modifies or discontinues a Mark, franchisees must comply with the changes. In such cases, Canopy Lawn Care will reimburse franchisees for their tangible out-of-pocket costs of compliance, such as changing letterhead and business cards. Franchisees are prohibited from contesting Canopy Lawn Care's rights to the Marks or any other trademarks, trade names, service marks, logos, trade secrets, or business techniques associated with the business.