What are the 'Marks' as defined in the Care Plus Medical Ucc franchise agreement?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
anchisee must temporarily cease operations of the Business and remedy the
dangerous condition. Care Plus Medical UCC shall have no liability to Franchisee or any other person for action or failure to act with respect to a dangerous condition.
ARTICLE 12. MARKS
- 12.1 Authorized Marks. Franchisee shall use no trademarks, service marks or logos in connection with the Business other than the Marks. Franchisee shall use all Marks specified by Care Plus Medical UCC, and only in the manner as Care Plus Medical UCC may require. Franchisee has no rights in the Marks other than the right to use them in the operation of the Business in compliance with this Agreement. All use of the Marks by Franchisee and any goodwill associated with the Marks, including any goodwill arising due to Franchisee's operation of the Business, will inure to the exclusive benefit of Care Plus Medical UCC.
- 12.2 Change of Marks. Care Plus Medical UCC may add, modify, or discontinue any Marks to be used under the System. Within a reasonable time after Care Plus Medical UCC makes any such change, Franchisee must comply with the change, at Franchisee's expense.
12.3 Infringement.
- (a) Defense of Franchisee. If Franchisee has used the Marks in accordance with this Agreement, then (i) Care Plus Medical UCC shall defend Franchisee (at Care Plus Medical UCC's expense) against any Action by a third-party alleging infringement by Franchisee's use of a Mark, and (ii) Care Plus Medical UCC will indemnify Franchisee for expenses and damages if the Action is resolved unfavorably to Franchisee.
- (b) Infringement by Third Party. Franchisee shall promptly notify Care Plus Medical UCC if Franchisee becomes aware of any possible infringement of a Mark by a third party. Care Plus Medical UCC may, in its sole discretion, commence or join any claim against the infringing party.
- (c) Control. Care Plus Medical UCC shall have the exclusive right to control any prosecution or defense of any Action related to possible infringement of or by the Marks.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to the 2024 Care Plus Medical Ucc Franchise Disclosure Document, the franchise agreement stipulates specific regulations regarding the use of trademarks, service marks, and logos, collectively referred to as the "Marks." Franchisees are explicitly restricted from using any trademarks, service marks, or logos in connection with their Care Plus Medical Ucc business, except for the Marks authorized by Care Plus Medical Ucc. Franchisees must adhere to the specific manner of use as directed by Care Plus Medical Ucc. The agreement clarifies that franchisees only possess the right to use the Marks in compliance with the franchise agreement, and all benefits and goodwill associated with the Marks, including any goodwill arising from the franchisee's operation, accrue exclusively to Care Plus Medical Ucc.
Care Plus Medical Ucc retains the authority to modify or discontinue any Marks used within the System. Franchisees are obligated to comply with these changes within a reasonable timeframe and at their own expense. This provision ensures that Care Plus Medical Ucc maintains control over its brand identity and can adapt its branding strategy as needed.
The franchise agreement also addresses the issue of infringement, outlining the responsibilities of both Care Plus Medical Ucc and the franchisee. If a franchisee uses the Marks in accordance with the agreement, Care Plus Medical Ucc is responsible for defending the franchisee against any third-party claims of infringement and will cover expenses and damages if the action is resolved unfavorably to the franchisee. Conversely, franchisees must promptly notify Care Plus Medical Ucc of any potential infringement of a Mark by a third party, and Care Plus Medical Ucc has the sole discretion to pursue any claims against the infringing party. Furthermore, if the franchisee is an entity, it cannot use the words "Care Plus Medical" or any confusingly similar words in its legal name.