What are the requirements for the use and display of the Marks for a Clear Pest Pros franchise?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
rty to any legal action. Except to the extent that such litigation is the result of your use of the Marks in a manner inconsistent with the terms of this Agreement, we agree to reimburse you for your out-of-pocket costs in performing such acts.
C. LIMITATIONS ON YOUR USE OF MARKS.
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- You promise to use the Marks as the only identification of the Clear Pest Pros Business, except that you must identify yourself as the owner of an independent entity in the manner that we prescribe.
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- You promise to affix the Marks upon such vehicles, uniforms, equipment, containers, fixtures, signs, stationary, advertising, sales/promotional materials, and such other objects, in such size, color, lettering style and fashion, and at such places as we may designate in the Operations Manual.
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- You promise to not use the Marks, or any words or symbols confusingly similar to them, as part of any corporate or other legal name or with any prefix, suffix, or other modifying words, terms, designs, or symbols. You may not use the Marks in connection with the sale of any unauthorized product or service, on an Internet website of your own design, or in any other manner not explicitly authorized in writing by us.
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- Except as expressly provided in the Operations Manual, you may not display any other trademarks, logotypes, symbols, or service marks, nor may you use any other marks in connection with the Marks, or with the Clear Pest Pros Business, without our prior written approval.
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- You promise that all advertising and promotional materials that you use will bear the appropriate "SM," "TM," "®," or "©" registration symbol and/or such other appropriate notice of ownership, registration, or copyright as we may require.
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- You promise to submit to us, for our approval, the assumed or trade name (the "DBA") you intend to use in the operation of the Clear Pest Pros Business before filing for it as required by local laws. We may approve or disapprove such DBA at our discretion. All filings or affidavits, following your receipt from us of an approved DBA, must state that the filing or affidavit is made as "a franchisee of Clear Pest Pros." The approved DBA is the only DBA that you may use. You may not use a different name under any circumstances, including as a domain name, URL address, marketing, or for any other function.
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- We, or our parent, is the lawful and sole owner of the domain name www.CLEARPESTPROS.com. You cannot register any of the Marks that are now or in the future owned by us or any abbreviation, acronym or variation of the Marks, or any other name that could be deemed confusingly similar, as Internet domain names. We retain the sole right to advertise the System on the Internet and to create, operate, maintain and modify, or discontinue use of any website using the Marks. You may access our website. Except as we authorize in writing in advance, you may not: (i) link or frame our website; (ii) conduct any business or offer to sell or advertise any products or services on the worldwide web; or (iii) create or register any Internet domain names in connection with your Clear Pest Pros Business. The only exception is that you may list the Clear Pest Pros Business in an online directory.
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- In order to obtain approval of any use of the Marks, including all advertising containing any Marks, your identification or your DBA, you must submit such proposed use, identification or DBA to us for review at least ten (10) business days before the proposed first use.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros FDD, franchisees must use the Marks as the sole identification for their Clear Pest Pros Business, while also identifying themselves as the independent owner in a manner prescribed by Clear Pest Pros. Franchisees are required to display the Marks on vehicles, uniforms, equipment, containers, fixtures, signs, stationary, and advertising/promotional materials, adhering to the size, color, lettering style, and placement specified by Clear Pest Pros in the Operations Manual. Franchisees must also include appropriate registration symbols in advertising and promotional materials as required by Clear Pest Pros.
Clear Pest Pros franchisees are prohibited from using the Marks, or any confusingly similar variations, as part of any corporate or legal name, or with any unauthorized modifications. They cannot use the Marks in connection with unauthorized products or services, on independently designed websites, or in any manner not explicitly authorized by Clear Pest Pros in writing. Unless expressly permitted in the Operations Manual, franchisees cannot display other trademarks, logotypes, or service marks without prior written approval from Clear Pest Pros.
Before filing for an assumed or trade name (DBA), franchisees must submit it to Clear Pest Pros for approval, which can be granted or denied at Clear Pest Pros's discretion. All filings must state that the franchisee is operating as "a franchisee of Clear Pest Pros," and the approved DBA is the only name that can be used, including for domain names, URLs, and marketing purposes. Compliance with these System Standards is deemed essential for preserving the goodwill associated with the Marks and the Clear Pest Pros franchise system. Clear Pest Pros may modify these standards periodically, and franchisees must comply with any changes immediately upon notification.