Can Closet Storage Concepts modify the rules for using the Proprietary Marks?
Closet_Storage_Concepts Franchise · 2025 FDDAnswer from 2025 FDD Document
ors and assigns) has abandoned the Storage Concepts trademark within the meaning of the Lanham Act, 15 U.S.C. 1127.
Your rights to the Proprietary Marks are derived solely from your Franchise Agreement. You may have the right to potentially use future trademarks that we may subsequently license to you. You will only use the Proprietary Marks as we authorize. In using the Proprietary Marks, you must strictly follow our rules, standards, specifications, requirements and instructions which may be modified by us in our discretion. All goodwill associated with the Proprietary Marks remains our exclusive property. You cannot contest our ownership of the Proprietary Marks. You may not use the Proprietary Marks with any unauthorized product or service or in any way not explicitly authorized by the Franchise Agreement or that we may otherwise approve. When your Franchise Agreement expires or terminates, all rights for you to use the Proprietary Marks shall cease and you shall not maintain any rights to use any Proprietary Mark. You cannot use any other marks, names, commercial symbols or logo type in connection with the operation of the Franchised Business.
You cannot use the Proprietary Marks (or any variation of the Proprietary Marks) as part of a corporate name, domain name, homepage, email address, or on a website or with modifying words, designs or symbols except for those which we license to you. You may not use our registered name in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by us. You may not apply for any trademark.
In the event of any infringement of, or challenge to, your use of any of the Proprietary Marks, you must immediately notify us, and we will have sole discretion to take such action as deemed appropriate. You must not communicate with any person other than your legal counsel, us and our legal representative in connection with any infringement challenge or claim. We will indemnify and hold you harmless from any suits, proceedings, demands, obligations, actions or claims, including costs and reasonable attorneys' fees, for any alleged infringement under federal or state trademark law arising solely from your conforming use of the Proprietary Marks in accordance with the Franchise Agreement or as otherwise set forth by us in writing, if you have notified us promptly of the claim.
Source: Item 13 — TRADEMARKS (FDD pages 40–41)
What This Means (2025 FDD)
According to Closet Storage Concepts's 2025 Franchise Disclosure Document, Closet Storage Concepts has the authority to modify the rules, standards, specifications, requirements, and instructions regarding the use of its Proprietary Marks at its discretion. This means that as a franchisee, you must strictly adhere to Closet Storage Concepts's guidelines for using trademarks like "Closet & Storage Concepts" and "Conquer Closet Clutter," and these guidelines can change over time.
This ability to modify rules gives Closet Storage Concepts flexibility to adapt to market changes, protect its brand, and ensure consistency across all franchises. However, it also means that franchisees must stay informed of any changes and be prepared to adapt their marketing and branding efforts accordingly. Failure to comply with these updated rules could result in a breach of the franchise agreement.
Furthermore, Closet Storage Concepts reserves the right to substitute, add, or change the Proprietary Marks used within the franchise system if the current marks are no longer usable or if Closet Storage Concepts believes a change would benefit the system. If Closet Storage Concepts changes any of the Proprietary Marks, the franchisee is responsible for bearing the cost and expense of all changes at their approved location, including changes to signage and business cards. This could represent a significant, unplanned expense for franchisees.