What are the two registration obligations that Chem Dry franchisees agree to regarding the Service's registration form?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
iness as a current or former CHEM-DRY Business or as one of CDI's current or former franchisees; use any Mark, any colorable imitation of a Mark, or other indicia of a CHEM-DRY
Business in any manner or for any purpose; or use for any purpose any trade name, trade or service mark, or other commercial symbol that indicates or suggests a connection or association with CDI;
-
- FRANCHISEE agrees to take the action required to cancel all fictitious or assumed name or equivalent registrations relating to FRANCHISEE'S use of any Mark;
-
- FRANCHISEE agrees to deliver to CDI or to destroy all signs, brochures, advertising materials, forms, invoices and other materials containing any Mark or otherwise identifying or relating to a CHEM-DRY Business, including removing all signs, emblems, lettering and logos, or any other indicia of a CHEM-DRY Business, from all business vehicles not surrendered to a third party or purchased by CDI; and
-
- FRANCHISEE agrees refer any telephone number associated in any way with any Mark or the Business to 1-800-CHEMDRY (1-800-243-6379) (or another number specified by CDI). FRANCHISEE further acknowledges that it shall be a direct violation of this Agreement for FRANCHISEE to cause or participate in the transfer of any such telephone numbers to any person or entity other than CDI.
Source: Item 23 — Receipts (FDD pages 68–264)
What This Means (2024 FDD)
Based on the 2024 Chem Dry Franchise Disclosure Document, franchisees have two registration obligations regarding the service's registration form. First, they must take action to cancel all fictitious or assumed name or equivalent registrations related to the franchisee's use of any mark. Second, upon termination of the franchise agreement, the franchisee must transfer any telephone number associated with any mark or the business to 1-800-CHEMDRY (1-800-243-6379) or another number specified by Chem Dry.
Chem Dry franchisees must ensure they comply with these obligations to avoid violating the franchise agreement. Failure to cancel fictitious name registrations could lead to confusion in the market and potential legal issues. Similarly, retaining phone numbers associated with the Chem Dry brand after termination is a direct violation of the agreement.
Chem Dry retains the sole rights to all telephone numbers and directory listings associated with any marks. The franchisee authorizes Chem Dry to act as their attorney to direct telephone companies and listing agencies to transfer any such telephone numbers to Chem Dry or another party at its direction. This ensures a clean break and prevents the former franchisee from unfairly capitalizing on the Chem Dry brand recognition after the agreement ends.