What efforts are both City Wide and the franchisee expected to make to protect the Marks?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
g action against any third party regarding the third party's use of any of the Marks and will exercise such right at its sole and absolute right. In any defense or prosecution of any litigation relating to the Marks or components of the System undertaken by CITY WIDE, Franchisee will cooperate with CITY WIDE and execute any documents and take all actions as may be desirable or necessary in the opinion of CITY WIDE's counsel, to conduct such defense or prosecution. Both parties will make every effort consistent with the foregoing to protect, maintain, and promote the Marks as identifying the System. CITY WIDE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE USE, EXCLUSIVE OWNERSHIP, VALIDITY OR ENFORCEABILITY OF THE MARKS.
- 5.4 If it becomes advisable at any time, at CITY WIDE's sole and absolute right, for CITY WIDE and/or Franchisee to modify or discontinue the use of any of the Marks, and/or use one or more additional or substitute trade names, trademarks, service marks, or other commercial symbols, Franchisee will comply with CITY WIDE's directions within a reasonable time after Franchisee receives notice from CITY WIDE, and CITY WIDE will have no liability or obligation whatsoever to Franchisee concerning CITY WIDE's modification or discontinuance of any of the Marks.
- 5.5 In order to preserve the validity and integrity of the Marks, copyrights, patents (which copyrights and/or patents may be identified by CITY WIDE in writing), Software (as defined in Section 11.10) and Confidential Information (as defined in Section 9.1) licensed under this Agreement and to assure that Franchisee is properly employing the same in the operation of Franchisee's Franchised Business, CITY WIDE or its agents will have the right to enter and inspect Franchisee's Location at all reasonable times and in a reasonable manner and will also have the right to observe the manner in which Franchisee is rendering services and conducting Franchisee's activities and operations and to inspect equipment, merchandise, accessories, products, supplies, reports, forms and documents and related data for test of content and evaluation purposes to make certain that the Franchised Business is being operated in accordance with the quality control provisions and performance standards established by CITY WIDE.
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to City Wide's 2025 Franchise Disclosure Document, both City Wide and the franchisee have specific responsibilities to protect the Marks associated with the franchise. City Wide has the exclusive right to take action against any third party using the Marks and will exercise this right as it sees fit. The franchisee must cooperate with City Wide in any litigation relating to the Marks, including executing documents and taking necessary actions as directed by City Wide's counsel. Both parties are expected to make every effort to protect, maintain, and promote the Marks to identify the City Wide system.
The franchisee is prohibited from using the Marks in any unauthorized manner, such as in connection with the sale of unauthorized products or services, or in any way not expressly approved by City Wide in writing. The franchisee must also provide notices of trademark and service mark registrations as specified by City Wide and obtain any required fictitious or assumed name registrations under applicable law. Furthermore, the franchisee is obligated to promptly notify City Wide of any claims or actions related to the Marks, including any attempts by others to use the Marks or any claims against the franchisee involving the Marks, within ten calendar days of receiving notice.
City Wide retains the right to modify or discontinue the use of any Marks, and the franchisee must comply with City Wide's directions in such cases. The franchisee acknowledges that any unauthorized use of the Marks is an infringement of City Wide's rights and a material breach of the franchise agreement. The franchisee also agrees not to contest the validity or ownership of the Marks and to use them only as authorized by the agreement. These measures ensure the integrity and value of the City Wide brand are maintained through consistent and authorized use of its Marks.