What is the Caring Transitions policy on the use of trademarks as described in Item 13?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: TRADEMARKS]
ITEM 13. TRADEMARKS
We will grant you the right to operate an estate and household liquidation and moving management franchise under the trade name CARING TRANSITIONS and to use the service mark CARING TRANSITIONS to identify the services offered by the franchise. You may also use our Caring Transitions logo (which is depicted on the cover of this disclosure document), and other trademarks we may adopt in the future. You may use no other name or trademark without our approval.
We have registered the mark listed below on the Principal Register of the U.S. Patent and Trademark Office ("USPTO"). [Item 13: TRADEMARKS]
All required affidavits have been filed in connection with the registrations described in this Item. We will renew our trademarks as necessary to preserve our registrations.
We do not have a Principal Register federal registration for the CARING TRANSITIONS logo on the cover of this disclosure document. Therefore, that mark does not have as many legal benefits and rights as a Principal Register federally registered trademark. If our right to use the mark is challenged, you may have to change to an alternative mark, which may increase your expenses.
The service mark CARING TRANSITIONS was registered with the Canadian Intellectual Property Office on November 12, 2010 (Registration No. TMA782284).
You must follow our rules when you use our marks. You cannot use our name or marks as part of your corporate name. You cannot use our name or marks with modifying words, designs, or symbols other than those that we license to you. You cannot use our name or marks on or as part of any Web site, domain name, URL, Web page, email address, listing, banner, advertisement, or any other service or link on, to or with the Internet, World Wide Web, Internet service providers, email services, communication providers, search engines, or other similar services without our prior written consent. You cannot register a name or mark as a service mark, trademark, or Internet domain name. You may not use any of the marks in connection with the sale of an unauthorized product or service or in a manner not authorized by us. You must not use, in advertising or any other form of promotion, any of our trademarks or commercial symbols without the appropriate notices that we or the law may require, including ®, SM, or other trademark notice.
Except as disclosed above, there are no effective determinations of the U.S. Patent and Trademark Office, Trademark Trial and Appeal Board, the trademark administrator of this state or any court, no pending infringement, opposition or cancellation, nor any pending material litigation involving our marks that are material to a Caring Transitions franchise.
[Item 13: TRADEMARKS]
You must notify us immediately when you learn about any infringement of or challenge to your use of our marks. We will take whatever action we think appropriate. We are not required to defend you against a claim against your use of our marks or indemnify you for your liability or expenses arising from your defense of such a claim. We, at our option, will control any proceedings or litigation arising from or relating to our trademarks.
You must modify or discontinue your use of a mark and adopt any new or replacement marks at your expense if we modify or discontinue a mark or adopt a new or replacement mark. We are not required to reimburse you for your costs if you do. You must not directly or indirectly contest our right to our service marks, trade secrets or business techniques that are part of our business.
We have no actual knowledge of any infringing uses that could materially affect your use of our marks. No agreements limit our right to use or license the use of our marks. We believe that there may be other businesses offering similar services and using the name CARING TRANSITIONS whose use predates our first use of the name. We and our franchisees may not be able to use the name CARING TRANSITIONS in the market areas of other estate or household liquidation and moving management businesses that are using the name CARING TRANSITIONS or similar names.
What This Means (2025 FDD)
According to Caring Transitions's 2025 Franchise Disclosure Document, franchisees are granted the right to operate an estate and household liquidation and moving management franchise under the trade name CARING TRANSITIONS and to use the CARING TRANSITIONS service mark. Franchisees can also use the Caring Transitions logo and other trademarks adopted by the company in the future, but they cannot use any other name or trademark without approval. Franchisees must adhere to Caring Transitions's rules when using their marks. They cannot use the Caring Transitions name or marks as part of their corporate name or with unauthorized modifications.
The FDD specifies strict rules for online use. Franchisees cannot use the Caring Transitions name or marks on any website, domain name, URL, web page, email address, listing, banner, advertisement, or any other service or link on the Internet without prior written consent. They are also prohibited from registering the Caring Transitions name or mark as a service mark, trademark, or Internet domain name. Franchisees must not use the marks in connection with unauthorized products or services or in a manner not authorized by Caring Transitions.
Caring Transitions requires franchisees to notify them immediately of any trademark infringement or challenges to the use of their marks. While Caring Transitions will take action they deem appropriate, they are not obligated to defend the franchisee against claims or indemnify them for related expenses. Caring Transitions retains the right to control any legal proceedings related to their trademarks. Franchisees must modify or discontinue using a mark if Caring Transitions modifies or discontinues it, and franchisees bear the costs of these changes. Franchisees cannot contest Caring Transitions's rights to their service marks, trade secrets, or business techniques.
Caring Transitions believes that other businesses may be offering similar services under the CARING TRANSITIONS name, potentially predating their own use. This could limit the ability of Caring Transitions and its franchisees to use the name in certain market areas where these other businesses operate. While the service mark CARING TRANSITIONS was registered with the Canadian Intellectual Property Office on November 12, 2010, the CARING TRANSITIONS logo on the disclosure document's cover does not have a Principal Register federal registration, which means it has fewer legal protections. If the right to use this logo is challenged, franchisees may need to switch to an alternative mark, potentially increasing their expenses.