What is the City Wide franchisee's obligation regarding the use of registration marks on advertising materials?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee's employees or agents and only in connection with the Franchised Business.
- 5.8 Franchisee may use the Marks only to identify the Franchised Business and the products and services specifically identified as a part of the System from time to time in the Operating Manual.
- 5.9 Franchisee will not interfere in any manner with, or attempt to prohibit, the use of the Marks or the System by CITY WIDE or by any of CITY WIDE's other franchisees or licensees.
- 5.10 Franchisee further agrees and covenants to operate and advertise only under the name or names from time to time designated by CITY WIDE for use by similar System franchisees; to adopt and use the Marks in the manner prescribed by CITY WIDE at its sole and absolute right; to refrain from using the Marks to perform any activity or to incur any obligation or indebtedness in such a manner as may, in any way, subject CITY WIDE to liability; to observe all laws with respect to the registration of trade names and assumed or fictitious names, to include in any application for such names a statement that Franchisee's use of the Marks is limited by the terms of this Agreement, and to provide CITY WIDE with a copy of any such application and other registration document(s); to observe such requirements with respect to trademark and service mark registrations and copyright notices as Franchisee may, from time to time, require, including, without limitation, affixing "SM," "TM," or "R" in a circle adjacent to all such Marks in any and all uses thereof; and, to utilize such other appropriate notice of ownership, registration, and copyright as CITY WIDE may require.
- 5.11 Franchisee's use of the Marks in any advertising or in any form of promotion will conform to the guidelines as attached as Attachment D, and as Attachment D is from time to time modified in the Operating Manual.
SECTION 6. Franchised Business Location and Signs
- 6.1 Franchisee acknowledges and agrees that this Agreement entitles Franchisee to operate only one (1) Franchised Business, and Franchisee agrees to operate the Franchised Business only in the Designated Territory specified in Sections 1.1 and 1.2 of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to City Wide's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the use of registration marks in their advertising and promotional materials. City Wide requires franchisees to include the appropriate ® registration mark, or the designations TM or SM, where applicable, when using City Wide's marks or commercial symbols in any advertising or promotion. Furthermore, all advertising and promotional uses of the marks must conform to the guidelines set forth in Attachment C of the franchise agreement, which may be modified from time to time in the Operating Manual.
This means a prospective City Wide franchisee must be diligent in ensuring all advertising and promotional materials, whether online or in print, correctly display the required trademark and service mark notices. Failure to comply with these requirements could lead to a breach of the franchise agreement. Franchisees must stay updated on any changes to Attachment C in the Operating Manual to maintain compliance.
Moreover, City Wide retains the right to review all promotional and advertising materials before they are used by the franchisee. This review process ensures that all materials align with City Wide's brand standards and legal requirements. Franchisees are also required to observe all laws regarding the registration of trade names and assumed or fictitious names, including a statement in any application that the franchisee's use of the marks is limited by the terms of the agreement. A copy of any such application and other registration documents must be provided to City Wide.
In summary, City Wide franchisees must be vigilant about using the correct trademark and service mark notices in all advertising, adhere to the guidelines in Attachment C (as updated in the Operating Manual), and submit all advertising materials for City Wide's prior approval. These measures are in place to protect the integrity and validity of City Wide's marks and ensure consistent brand representation across all franchise locations.