What right and obligation does the Caring Transitions Franchisor have regarding its trademarks?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
de Secrets"). Each Covenantor shall use such Trade Secrets solely for Franchisee's benefit and shall not, during the term of the Franchise Agreement or at any time thereafter, communicate, divulge, or use any Trade Secrets to or for the benefit of any other person, partnership, association or entity.
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- Intellectual Property. Each Covenantor acknowledges Franchisor's right, title, and interest in and to the service mark CARING TRANSITIONS®, Franchisor's logo, and certain other proprietary service marks, logos, symbols, and trade names presently used by Franchisor or that Franchisor may hereafter use or provide for use by Franchisee, and the identification, schemes, standards, specifications, operating procedures, and other concepts embodied in Franchisor's franchise system (the "Marks"). Covenantor further acknowledges that any use of the Marks outside the scope of the Franchise Agreement without Franchisor's prior written consent would be an infringement of Franchisor's rights in the Marks. Covenantor expressly covenants that he or she shall not, directly or indirectly, commit an act
of infringement or contest, or aid in contesting, the validity or ownership of the Marks or take any other action in derogation thereof during the term of the Franchise Agreement or after the expiration or termination thereof.
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- Covenants During Term of Franchise Agreement.
Source: Item 23 — RECEIPT (FDD pages 49–202)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, the franchisor possesses rights, title, and interest in the service mark CARING TRANSITIONS®, its logo, and other proprietary service marks, logos, symbols, and trade names. These marks are currently used by Caring Transitions or may be used in the future. The franchise system also includes identification schemes, standards, specifications, operating procedures, and other concepts.
A franchisee acknowledges that using the Marks outside the scope of the Franchise Agreement without Caring Transitions' prior written consent infringes upon the franchisor's rights. The franchisee covenants not to commit any act of infringement or contest the validity or ownership of the Marks. This obligation extends both during the term of the Franchise Agreement and after its expiration or termination.
Caring Transitions also has the right to cancel, revoke, and remove any trade name, assumed name, fictitious name, business name, trademark, or equivalent registration filed in the franchisee's name if the registration includes the names CARING TRANSITIONS or any of Caring Transitions' other Marks. The franchisor can execute and deliver any cancellation, termination, or modification request required by any state or county office or any other party on behalf of the franchisee.