Who owns the rights to the Marks associated with the Clear Pest Pros franchise?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge that we own and have all rights to the Marks.
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- Your right to use the Marks is derived only from this Agreement and is limited to your operation of the Clear Pest Pros Business in accordance and in compliance with this Agreement and all System Standards we prescribe from time to time during its term.
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- You promise to use only the Marks that we designate in writing, and to use them only in the manner that we authorize.
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- You agree that your use of the Marks, and any goodwill established by this use, will be exclusively for our benefit and that this Agreement does not confer any goodwill or other interest in the Marks upon you (other than the right to operate a Clear Pest Pros Business under this Agreement). Upon expiration or termination of this Agreement, no monetary amount will be assigned as attributable to any goodwill associated with your use of the System and the Marks,
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- All provisions of this Agreement applicable to the Marks apply to any additional proprietary trade and service marks and commercial symbols that we authorize you to use.
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- The right and license of the Marks awarded to you under this Agreement is nonexclusive, and we may:
- a. award other licenses and franchises for the Marks, in addition to those licenses and franchises already awarded;
- b. use the Marks in connection with marketing and selling of any products and services as we deem appropriate; and
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, Clear Pest Pros owns and has all rights to the Marks associated with the franchise. A franchisee's right to use these marks is solely derived from the Franchise Agreement and is limited to the operation of their Clear Pest Pros Business in compliance with the agreement and the System Standards.
Clear Pest Pros designates in writing which Marks the franchisee is allowed to use and specifies the manner in which they must be used. The agreement emphasizes that any goodwill established through the franchisee's use of the Marks will exclusively benefit Clear Pest Pros. The franchisee does not acquire any goodwill or other interest in the Marks beyond the right to operate the Clear Pest Pros Business under the Franchise Agreement. Upon termination or expiration of the agreement, no monetary value will be assigned to any goodwill associated with the franchisee's use of the System and the Marks.
The Franchise Agreement states that the license to use the Marks is nonexclusive, allowing Clear Pest Pros to award other licenses and franchises for the Marks, use the Marks in connection with marketing and selling any products and services, and develop other systems using the Marks or similar proprietary marks without providing any rights to the franchisee. Clear Pest Pros also retains ownership of the domain name www.CLEARPESTPROS.com and franchisees cannot register any confusingly similar domain names.