What trademark and service mark registration requirements must a City Wide franchisee observe?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee will give such notices of trademark and service mark registrations as CITY WIDE specifies and obtain such fictitious or assumed name registrations as may be required under applicable law.
- 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.
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to the 2025 City Wide Franchise Disclosure Document, franchisees must adhere to specific requirements regarding trademark and service mark registrations. City Wide franchisees are required to give notices of trademark and service mark registrations as specified by City Wide. They must also obtain any fictitious or assumed name registrations as required by applicable law. Furthermore, franchisees must include a statement in any application for trade names that their use of the marks is limited by the terms of the Franchise Agreement, and provide City Wide with a copy of the application and other registration documents.
City Wide franchisees are obligated to follow City Wide's requirements for trademark and service mark registrations, including affixing "SM," "TM," or "R" in a circle adjacent to all such marks in any and all uses thereof, and utilize other appropriate notices of ownership, registration, and copyright as City Wide may require. Franchisees must use the marks only to identify the franchised business and the products and services specifically identified as part of the City Wide system. They are prohibited from using any mark in connection with the sale of unauthorized products or services, or in any manner not expressly authorized by City Wide in writing.
These stipulations ensure that City Wide maintains control over its brand identity and protects its trademarks and service marks. By adhering to these requirements, franchisees contribute to the consistency and integrity of the City Wide brand across all locations. Failure to comply with these requirements could result in a breach of the Franchise Agreement and potential legal consequences. Prospective franchisees should carefully review these obligations to fully understand their responsibilities in maintaining and protecting City Wide's intellectual property.