What rights does the Franchise Agreement grant to franchisees regarding the Clear Pest Pros name?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
sessions, 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.
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.
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 a license to operate under the Clear Pest Pros name. This license extends to any other trade names, trade dress, indicia, trademarks, service marks, and logos currently used or that may be used in the operation of the Clear Pest Pros system. This means franchisees have the right to use the brand's identity to conduct their Clear Pest Pros business. However, Clear Pest Pros does not have a federal registration for their principal trademark(s). Therefore, the mark above does not have as many legal benefits and rights as a federally registered trademark. If their right to use the trademark is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses.
While franchisees are granted the right to use the Clear Pest Pros name and associated marks, there are limitations. Franchisees cannot use any Mark (including the name Safer Home Services or Clear Pest Pros) as part of their corporate or legal business name or with modifying words, terms, designs, or symbols (except for those Clear Pest Pros licenses to them). They also cannot use any Mark in selling any unauthorized services or products or in any other way Clear Pest Pros has not expressly authorized in writing. This ensures brand consistency and prevents franchisees from misrepresenting the Clear Pest Pros brand.
Clear Pest Pros retains control over the brand's online presence. Franchisees cannot register any of the Marks that are now or in the future owned by Clear Pest Pros or any abbreviation, acronym or variation of the Marks, or any other name that could be deemed confusingly similar, 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, or discontinue using any website containing the Marks. Franchisees may access the Clear Pest Pros website, but they cannot link or frame the website, conduct any business or offer to sell or advertise any products or services on the Internet, or create or register any Internet domain names in connection with their Clear Pest Pros Business, with the exception that they may list their Clear Pest Pros Business in the local online directory.
Franchisees must immediately notify Clear Pest Pros of any apparent infringement or challenge to their 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 Clear Pest Pros and their attorneys, and their attorneys, in any infringement, challenge, or claim. Clear Pest Pros has sole discretion to take the action they 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 franchisees have timely notified Clear Pest Pros of the claim or proceeding and complied with the Franchise Agreement as Clear Pest Pros determines in their sole discretion, Clear Pest Pros shall indemnify and hold franchisees harmless against any loss or expense incurred in connection with any such infringement, challenge or claim. If Clear Pest Pros, in their sole discretion, determine that franchisees have not used the Marks in accordance with the Franchise Agreement, franchisees will bear the cost of such defense, including the cost of any judgment or settlement.