Who owns all rights, title, and interest to the Marks used by City Wide franchisees?
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.
Source: Item 13 — TRADEMARKS (FDD pages 39–41)
What This Means (2025 FDD)
According to City Wide's 2025 Franchise Disclosure Document, City Wide Franchise Holding Company, Inc. owns all rights, title, and interest to the Marks. However, City Wide is the exclusive licensee of these Marks for use in a commercial cleaning franchise system throughout the United States, Canada, and Mexico. City Wide, under a license agreement dated January 12, 2021, is the sole and exclusive licensor of all right, title, and interest in the Marks for commercial cleaning franchises. The license agreement is in perpetuity and can only be modified or terminated by mutual agreement of both parties.
As a franchisee, you are authorized to use the Marks in the operation of your franchised business, provided you adhere to City Wide's standards and specifications. This authorization is granted through the Franchise Agreement, which gives you the right to operate under the "CITY WIDE" trade name and service mark, as well as any other Marks authorized by City Wide. All usage of the Marks by you and any goodwill established will inure to the exclusive benefit of City Wide and its Licensor.
It is important to note that you are prohibited from contesting the validity or ownership of any of the Marks, both during the term of the Franchise Agreement and at any time thereafter. You must also promptly notify City Wide of any claims or actions related to the Marks. City Wide or its Licensor has the sole right to defend any action regarding the Marks and can take action against any third party's use of the Marks. You are obligated to cooperate with City Wide or its Licensor in any litigation relating to the Marks.