Does City Wide's Licensor claim common law rights to the Marks?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
ther Marks subsequently developed and designated by CITY WIDE, in the operation of your Franchised Business, if you do so following CITY WIDE's standards and specifications.
No state registrations of any of the Marks have been applied for or granted. CITY WIDE's Licensor, CITY WIDE Franchise Holding Company, Inc., as the owner of all rights, title, and interest to the Marks, claims common law rights to the Marks.
CITY WIDE is not aware of any presently effective determinations of the United States Patent and Trademark Office, the trademark administrator of any state, or any court, or of any pending interference, opposition, or cancellation proceeding, or any pending material litigation concerning any of the Marks.
There are no infringing uses known to CITY WIDE that could materially affect your use of the Marks in this state or in any other state in which the Franchised Businesses are to be located. There are no agreements currently in effect that significantly limit the rights of CITY WIDE to use or license the use of the Marks, trade names, logotypes or other commercial symbols in any manner material to the franchise, except as set forth herein.
Source: Item 13 — TRADEMARKS (FDD pages 39–41)
What This Means (2025 FDD)
According to the 2025 City Wide Franchise Disclosure Document, City Wide's licensor, CITY WIDE Franchise Holding Company, Inc., claims common law rights to the Marks. This means that while City Wide has registered some of its trademarks with the USPTO, its licensor also asserts rights to the Marks based on their usage and recognition in commerce, even where formal registration may not exist. No state registrations of any of the Marks have been applied for or granted.
For a prospective City Wide franchisee, this is important because it clarifies the legal basis for City Wide's trademark rights. Common law rights can be valuable, especially in areas where the brand has a strong local presence but lacks federal registration. However, they can also be more difficult to enforce than registered trademarks, as proving the extent and duration of use can be challenging.
City Wide states that you are authorized to use the Marks appearing in both tables above, or other Marks subsequently developed and designated by CITY WIDE, in the operation of your Franchised Business, if you do so following CITY WIDE's standards and specifications. As a franchisee, you are prohibited from contesting the validity or ownership of any of the Marks or assisting any other person in contesting the validity or ownership of any Marks during the term of the Franchise Agreement or at any time thereafter. All usage of the Marks by you and any goodwill established thereby will inure to the exclusive benefit of CITY WIDE and its Licensor.
It is also important to note that City Wide may modify the System presently identified by the Marks including the adoption and use of new or modified trade names, service marks, trademarks or copyrighted materials, new programs or systems for the franchise system, new product lines, new employee training, new equipment or new techniques and you shall accept, use and display any changes in the System as if they were part of the Franchise Agreement at the time of its execution.