What is the definition of 'Marks' as it relates to the City Wide franchise agreement?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
CITY WIDE is the exclusive licensee of CITY WIDE Franchise Holding Company, Inc., of the trade name and service marks "CITY WIDE", and "CITY WIDE" and Design, the trade dress of the franchise materials, and associated logos and commercial symbols, for use in a commercial cleaning franchise system, throughout the United States, Canada and Mexico. Under the Franchise Agreement, CITY WIDE grants to Franchisee the right, franchise, privilege and license to operate a Franchised Business under the trade name and service mark "CITY WIDE" and "CITY WIDE" and Design, and under any other trade names, trademarks, service marks, logotypes, or other commercial symbols ("Marks") currently authorized for use or that may thereafter be authorized by CITY WIDE for use in connection with the operation of Franchises under the System. Under a license agreement dated January 12, 2021 between CITY WIDE Franchise Holding Company, Inc. and CITY WIDE, CITY WIDE is the sole and exclusive licensee for franchising of the Marks and the sole licensor of all right, title, and interest in the Marks for commercial cleaning franchises. The term of the license agreement is in perpetuity, and the license agreement cannot be modified or terminated except by the mutual agreement of the parties.
CITY WIDE has registered the following Marks with the USPTO on the Principal Register:
Source: Item 13 — TRADEMARKS (FDD pages 39–41)
What This Means (2025 FDD)
According to City Wide's 2025 Franchise Disclosure Document, the term "Marks" encompasses the trade name and service mark "CITY WIDE" and "CITY WIDE" and Design, the trade dress of the franchise materials, and associated logos and commercial symbols. It also includes any other trade names, trademarks, service marks, logotypes, or other commercial symbols currently authorized for use or that may thereafter be authorized by City Wide for use in connection with the operation of Franchises under the System.
City Wide grants franchisees the right to operate a franchised business under these Marks, provided they adhere to City Wide's standards and specifications. Franchisees are authorized to use these Marks in the operation of their Franchised Business. All usage of the Marks by the franchisee and any goodwill established thereby will inure to the exclusive benefit of City Wide and its Licensor.
The Franchise Disclosure Document emphasizes that franchisees are prohibited from contesting the validity or ownership of any of the Marks, either during the term of the Franchise Agreement or at any time thereafter. City Wide retains the right to modify the System, including adopting new or modified Marks, and franchisees are obligated to accept, use, and display any changes as if they were part of the original agreement.
In the event that City Wide loses the right to license a Mark, City Wide would initiate an effort to acquire, and provide the use thereof to you of an appropriate Mark or Marks to replace the "CITY WIDE" Mark, at no additional cost to you, except for stationery and other supplies. This highlights the importance of the Marks to the City Wide franchise system and the measures in place to protect them.