What are the requirements for displaying Cornwell Quality Tools trademarks?
Cornwell_Quality_Tools Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Dealer shall display Cornwell Trademarks ("Marks") in the location, style and manner specified by Cornwell. No other trademarks shall be used or employed by Dealer on or in connection with the Cornwell Products except as specified in writing by Cornwell. It is expressly understood and agreed that the Marks shall not be employed as, or included in, the trade name or trade style of Dealer either during the life of this Agreement or subsequently thereto.
Dealer recognizes the validity and Cornwell's exclusive ownership of the Marks. Dealer agrees that it will not do any act or thing, either directly or indirectly, that may in any way impair Cornwell's title and exclusivity. Dealer further agrees that during the continuance of this agreement, or at any time thereafter, it does not have and may not claim any right to use, any right, title, or interest in, and may not register with any Governmental authority any trademark, identical with or similar to the Marks without the prior written consent of Cornwell.
Dealer further acknowledges that nothing in this Agreement, and no use of any of the Marks under the terms of this agreement, shall create in Dealer any right, title or interest in any of the Marks. Dealer shall take such steps and execute such further documents as Cornwell may reasonably request in order to protect Cornwell's complete interest in and ownership of the Marks.
Dealer agrees to notify Cornwell immediately when Dealer learns about an infringement of or challenge to its use of any of Cornwell's trademark. Cornwell will take the action it considers appropriate, with which Dealer agrees to cooperate. While Cornwell is not required to defend Dealer against a claim against its use of the Marks, Cornwell will reimburse Dealer for Dealer's liability and reasonable costs in connection with defending Cornwell's Marks. To receive reimbursement, the Dealer must have notified Cornwell immediately upon learning about the infringement or challenge.
Source: Item 23 — RECEIPT (FDD pages 101–373)
What This Means (2025 FDD)
According to Cornwell Quality Tools's 2025 Franchise Disclosure Document, dealers must display Cornwell Trademarks (referred to as "Marks") in the specific location, style, and manner dictated by Cornwell Quality Tools. Dealers are prohibited from using any other trademarks in connection with Cornwell products unless explicitly authorized in writing by Cornwell Quality Tools. The trademarks cannot be incorporated into the dealer's trade name or style, either during or after the agreement.
The document emphasizes Cornwell Quality Tools's exclusive ownership of its trademarks, and dealers must not take any actions that could undermine Cornwell's title and exclusivity. Dealers cannot claim any rights to the trademarks or register similar trademarks with any governmental authority without prior written consent from Cornwell Quality Tools. Dealers must also take necessary steps and execute documents to protect Cornwell Quality Tools's ownership of the trademarks.
Furthermore, dealers are required to immediately notify Cornwell Quality Tools of any trademark infringements or challenges. Cornwell Quality Tools will then decide on the appropriate action, and the dealer must cooperate. While Cornwell Quality Tools is not obligated to defend dealers against claims related to trademark use, it will reimburse dealers for liabilities and reasonable costs incurred in defending Cornwell Quality Tools's trademarks, provided the dealer promptly reported the infringement or challenge. Upon termination of the dealership, all rights to the trademarks automatically revert to Cornwell, and the dealer must immediately cease using the trademarks and remove them from their truck, clothing, business cards, and other property.