What are 'Marks' as they pertain to the operation of a Card My Yard business?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
"Marks" means the trade names, trademarks, service marks, logos, emblems and other indicia of origin that we have designated, and may hereafter designate, in writing for use in connection with theSystem, including, but not limited to, the mark "Card My Yard."
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, the term 'Marks' encompasses the trade names, trademarks, service marks, logos, emblems, and other indicators of origin that Card My Yard designates for use within its System. This includes, but is not limited to, the trademark "Card My Yard" itself.
As a franchisee, you are required to operate and advertise your Card My Yard business strictly under the name "Card My Yard," unless the franchisor authorizes or requires otherwise. You cannot use the Marks as part of your corporate or legal name. You must identify yourself as the owner of the Card My Yard business in conjunction with any use of the Marks, including on invoices, order forms, receipts, and contracts. Additionally, you must display a notice in a conspicuous location at your business or on any vehicle used for operations, as specified by Card My Yard.
Furthermore, franchisees cannot use the Marks to incur any obligations or debts on behalf of Card My Yard. They must also comply with Card My Yard's instructions for filing and maintaining trade name or fictitious name registrations and execute any documents necessary to protect the Marks' validity and enforceability. Franchisees are obligated to promptly notify Card My Yard of any apparent infringement or challenges to the use of any Mark or any claims by others regarding rights to any Mark. Card My Yard retains complete discretion over any action taken in response to infringement, challenges, or claims related to the Marks.