What is the geographic scope of the license granted to Clear Pest Pros franchisees for using the trademarks?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
age-52-0">ITEM 13: TRADEMARKS
Our parent, Belfor Franchise Group, LLC, owns trademarks, service marks, trade names, logotypes, and symbols listed below and licensed us the right to use such marks for promotion, use, license, and sale throughout the United States, its territorial possessions, and the District of Columbia. The Franchise Agreement grants to you the license to operate the System under Clear Pest Pros name and under any other trade names, trade dress, indicia, trademarks, service marks, and logos currently used or that may be used in the operation of the System.
The following trademarks, service marks, trade names, logotypes, or other commercial symbols are registered or pending (as indicated) with the United States Patent and Trademark Office ("USPTO").
| Month in Operation | Minimum Monthly Gross Sales Required in Standard Territory | |---|---| | 0 to 12 months | No Minimum | | 13 to 24 months | $5,000 | | 25 to 36 months | $7,500 | | 37 to 48 months | $10,000 | | Greater than 48 months | $15,000 | We do not have a federal registration for our principal trademark(s). Therefore, the mark above does not have as many legal benefits and rights as a federally registered trademark. If our right to use the trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
We or our parent have filed all applicable affidavits and renewals with respect to these registrations. We or our parent intend to commence an on-going practice of registering new trademarks for promotional or related advertising activities.
Except for the registrations of the above Marks, there are no other effective determinations of the USPTO or of the trademark administrator of any state or court. There are no pending proceedings or material litigation involving Marks that are relevant to their use.
Source: Item 13 — TRADEMARKS (FDD pages 53–55)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, the franchise agreement grants franchisees the right to operate under the Clear Pest Pros name and associated trademarks throughout the United States, its territorial possessions, and the District of Columbia. This means a franchisee can legally use the Clear Pest Pros trademarks to conduct business in any of these locations, provided they adhere to the terms and conditions outlined in the franchise agreement.
However, it's important to note that Clear Pest Pros does not have a federal registration for its principal trademarks. This could present a risk to franchisees, as the trademarks may not have as many legal protections as federally registered marks. If the right to use the trademark is challenged, Clear Pest Pros franchisees may be required to switch to an alternative trademark, potentially increasing their expenses.
Furthermore, the FDD states that franchisees cannot register any of the Clear Pest Pros marks, or any confusingly similar variations, as Internet domain names. Clear Pest Pros retains the sole right to advertise the system on the Internet and to create, operate, maintain, and modify any website containing the marks. Franchisees are generally prohibited from conducting business or advertising services on the Internet, with the exception of listing their Clear Pest Pros business in local online directories.
Prospective franchisees should carefully consider these factors and seek clarification from Clear Pest Pros regarding the potential risks associated with the trademarks and the limitations on online advertising and domain name registration. Understanding these aspects is crucial for making an informed decision about investing in a Clear Pest Pros franchise.