What is the effect of the Franchise Agreement on the franchisee's right to use the City Publications trademark?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
permission.
ITEM 13. TRADEMARKS
Under the Franchise Agreement, and in consideration of the royalties that you will pay to us throughout the term of the Franchise Agreement, we grant you the right to operate the Franchised Business under the trademark, CITY PUBLICATIONS. You may also use any other current or future Mark to operate your Franchised Business that we designate in writing including the logo on the front of this Disclosure Document. By Mark, we mean trade names, trademarks, service marks and logos used to identify your business. We registered our Service Mark City Publications", with the logo, on the Principal Register of the United States Patent Office ("PTO"):
| Mark | Registration Number | Registration Date | |---|---|---| | CITY PUBLICATIONS | 2,924,821 | February 8, 2005 | All required affidavits and renewals have been filed. There are no other agreements currently in effect which significantly limit our rights to use or license the use of the Marks in any manner material to the franchise.
There are currently no effective material determinations of the United States Patent and Trademark Office, trademark trial and appeal board, the trademark administrator of any state or any court; pending infringement, opposition or cancellation; or pending material litigation involving the Marks.
There are no infringing or prior superior uses actually known to us that could materially affect the use of the Marks in any state in which Franchised Businesses are to be located.
Source: Item 13 — TRADEMARKS (FDD page 25)
What This Means (2025 FDD)
According to City Publications's 2025 Franchise Disclosure Document, the Franchise Agreement grants franchisees the right to operate their franchised business under the "CITY PUBLICATIONS" trademark. This right is contingent upon the franchisee paying royalties throughout the term of the agreement. Franchisees may also use other trademarks, service marks, trade names and logos that City Publications designates in writing. The "City Publications" service mark, along with its logo, is registered on the Principal Register of the United States Patent Office. The registration number for the CITY PUBLICATIONS mark is 2,924,821, with a registration date of February 8, 2005.
City Publications is obligated to protect the franchisee's right to use their marks and will defend against infringement claims from third parties, provided the franchisee uses the marks properly. Franchisees are required to notify City Publications of any similar trademark uses by third parties, and City Publications will then decide on the appropriate action. City Publications controls any administrative or legal proceedings related to the trademarks. Franchisees are required to participate in these proceedings if directed by City Publications, and City Publications will indemnify them against claims resulting from proper use of the marks.
However, City Publications retains the right to modify its marks, and franchisees must comply with any required changes. This means that while franchisees are granted the right to use the City Publications trademarks, that right is subject to change at the discretion of City Publications. Franchisees should stay aware of any modifications to the trademarks and ensure their compliance to avoid potential breaches of the Franchise Agreement.