What is City Publications obligated to do regarding the franchisee's right to use its marks?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
We are obligated to protect your right to use our Marks and will protect you against claims of infringement from third parties, based on your proper use of our marks. You are obligated to notify us of any trademark uses by third parties similar to ours and we will take the action on those that we deem appropriate. In all of these cases, we control any administrative proceeding or litigation involving the trademarks and you are required to participate, at our direction, in any administrative action or litigation and we will indemnify you from any claims resulting from your proper use of our Marks. We have the right to modify our Marks and you must comply with any changes that we require.
Source: Item 13 — TRADEMARKS (FDD page 25)
What This Means (2025 FDD)
According to City Publications's 2025 Franchise Disclosure Document, City Publications is obligated to protect the franchisee's right to use its marks and will defend the franchisee against infringement claims from third parties, provided the franchisee uses the marks properly. The franchisee is required to inform City Publications of any similar trademark uses by third parties, and City Publications will then decide on the appropriate action.
City Publications maintains control over any administrative or legal proceedings related to the trademarks. The franchisee is obligated to participate in these proceedings at City Publications's direction. Furthermore, City Publications will cover any claims resulting from the franchisee's proper use of the marks.
However, City Publications retains the right to modify its marks, and franchisees must comply with any changes that City Publications requires. This is a fairly standard clause in franchise agreements, as franchisors need the flexibility to update their branding and protect their trademarks effectively. Franchisees should be aware that they may need to update their signage and marketing materials to reflect these changes.