What might happen if Clear Pest Pros' right to use its trademark is challenged?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
| | 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.
There are no agreements currently in effect that significantly limit our rights within the United States, to use, or license the use, of the above-mentioned Marks in any manner material to Clear Pest Pros Business.
There is currently no pending material federal or state court litigation regarding our use or ownership rights in the Marks.
No state trademark registrations have been filed.
You may not use any Mark (including the name Safer Home Services or Clear Pest Pros) as part of your corporate or legal business name or with modifying words, terms, designs, or symbols (except for those we license to you). You may not use any Mark in selling any unauthorized services or products or in any other way we have not expressly authorized in writing.
You promise to notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any claim by any person of any rights in any Mark, and not to communicate with any person other than us and our attorneys, and your attorneys, in any infringement, challenge, or claim. We have sole discretion to take the action we deem appropriate and the right to control exclusively any litigation, USPTO proceeding or any other administrative proceeding arising out of any infringement, challenge, claim or otherwise relating to any Mark.
Provided that you have timely notified us of the claim or proceeding and complied with the Franchise Agreement as we determine in our sole discretion, we shall indemnify and hold you harmless against any loss or expense incurred in connection with any such infringement, challenge or claim.
Source: Item 13 — TRADEMARKS (FDD pages 53–55)
What This Means (2025 FDD)
According to Clear Pest Pros' 2025 Franchise Disclosure Document, because the principal trademark is not federally registered, it does not have as many legal benefits and rights as a federally registered trademark. If Clear Pest Pros' right to use its trademark is challenged, a franchisee may have to change to an alternative trademark. This change may increase the franchisee's expenses.
Clear Pest Pros states that franchisees must notify them immediately of any apparent infringement or challenge to the use of any Mark. The franchisee is not to communicate with anyone other than Clear Pest Pros, their attorneys, and the franchisee's attorneys regarding the issue. Clear Pest Pros has sole discretion to take the action it deems appropriate and the right to control exclusively any litigation, USPTO proceeding or any other administrative proceeding arising out of any infringement, challenge, claim or otherwise relating to any Mark.
Clear Pest Pros will indemnify and hold the franchisee harmless against any loss or expense incurred in connection with any such infringement, challenge or claim, provided that the franchisee has timely notified Clear Pest Pros of the claim or proceeding and complied with the Franchise Agreement. However, if Clear Pest Pros determines that the franchisee has not used the Marks in accordance with the Franchise Agreement, the franchisee will bear the cost of such defense, including the cost of any judgment or settlement.
If Clear Pest Pros decides to modify or discontinue the use of any Mark and/or use one or more additional or substitute names or marks, the franchisee must comply with their direction no later than ten days after receiving notice. Clear Pest Pros will not be liable to the franchisee, and the franchisee does not have any rights to reimbursement for any expenses, losses, or damages sustained as a result of any such addition, modification, substitution, or discontinuance of a Mark. The franchisee must not commence or join in any litigation or other proceeding against Clear Pest Pros for any such expenses, losses, or damages.