What does the term 'Proprietary Marks' refer to in the Caring Senior Service agreement?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
When used in this Agreement, "Proprietary Marks" mean the "Caring Senior Service" name, trademark and service marks which are used now or in the future to identify Businesses or Approved Services and to distinguish it from that of any other business, and the trademarks, service marks, trade names, logos and commercial symbols as may be designated by us from time to time for use in connection with the System.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service FDD, the term "Proprietary Marks" encompasses the Caring Senior Service name, trademarks, and service marks. These marks are utilized to identify Caring Senior Service businesses and their approved services, distinguishing them from other businesses. The definition extends to include any trademarks, service marks, trade names, logos, and commercial symbols that Caring Senior Service may designate for use within its System, both now and in the future.
Caring Senior Service emphasizes the importance of maintaining uniform standards and protecting its reputation and goodwill through the use of these Proprietary Marks. Franchisees are required to conduct business and advertising solely under the Proprietary Marks designated by Caring Senior Service and are prohibited from using any other name. This includes restrictions on incorporating the phrase "Caring Senior Service" or any part of it into the legal name of any business entity or in connection with financial accounts.
The agreement grants franchisees a license to use the Proprietary Marks specifically for the operation of their business at the location detailed in Exhibit A. However, franchisees acknowledge that Caring Senior Service retains ownership of all Proprietary Marks, goodwill, and trade secrets. Franchisees are not allowed to register or attempt to register the Proprietary Marks or assert any rights to them beyond what is explicitly granted in the agreement. Caring Senior Service also reserves the right to inspect a franchisee's business and operations to ensure the Proprietary Marks are being used correctly, preserving their validity and integrity.