Does Deck Medic reserve the right to modify the marks used in connection with the operation of my Deck Medic business?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
the Franchised Business.
ITEM 13 TRADEMARKS
Under the terms of the Franchise Agreement, you will be granted a license to use the "Deck Medic" trademark and those other marks identified in the chart below in connection with the operations of the Franchised Business. We reserve the right to supplement and modify the marks that you may or may not use in connection with the operations of your Deck Medic Business. You may only use the Licensed Marks as authorized by us in writing and under the terms of your Franchise Agreement. You may not use the Licensed Marks in the name of any Corporate Entity that you establish.
Principal Trademarks Registered with the United States Patent and Trademark Office
The following principal Licensed Marks are registered on the Principal Register of the United States Patent and Trademark Office ("USPTO"). As to each of these marks, the appropriate affidavits have been filed with the USPTO.
| Mark | USPTO Registration Number | Registration Type | Registration Date |
|---|---|---|---|
| Deck Medic® | 5037787 | 1A | September 6, 2016 |
| (our | |||
| first | |||
| renewal | |||
| was | |||
| filed | |||
| on | |||
| February 8, 2022) | |||
| 5224100 | 1A | June 13, 2017 | |
| (our | |||
| first | |||
| renewal | |||
| was filed on June 16, | |||
| 2022) |
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board and/or the trademark administrator in any state or any court; no pending infringement, opposition or cancellation proceedings; and no pending litigation involving the Licensed Marks. We know of no superior rights or infringing uses that could materially affect your use of the Licensed Marks or other related rights in any state.
You are required to provide us with written notice of any claims that you may become aware of respecting the Licensed Marks, including your use of the Licensed Marks and/or any claim associated with a third party's use of a trademark that is identical or confusingly similar to the Licensed Marks. We maintain the exclusive discretion to take any and all actions, or to refrain from any action, that we believe to be appropriate in response to any trademark infringement, challenge or claim.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, Deck Medic retains the right to modify the trademarks franchisees use in their Deck Medic business. Deck Medic can supplement or change these marks, and franchisees are only allowed to use the licensed marks as authorized in writing by Deck Medic and according to the Franchise Agreement. Franchisees cannot use the licensed marks in the name of any corporate entity they establish.
If a third party successfully claims superior rights to the marks, Deck Medic will modify or replace the licensed marks. In this case, franchisees must then use the revised marks as directed by Deck Medic. Deck Medic's sole obligation is to reimburse franchisees for the direct out-of-pocket costs of complying with these changes, such as alterations to signage and replacement of marketing materials, provided these costs are documented to Deck Medic's satisfaction.
Deck Medic will protect a franchisee's right to use the licensed marks and defend against infringement claims, provided the franchisee uses the marks according to the Franchise Agreement, manuals, and Deck Medic's instructions. Franchisees must notify Deck Medic of any claims regarding the licensed marks. Deck Medic has the exclusive right to control any legal proceedings related to trademark infringement. Franchisees are required to sign documents and take actions necessary to protect Deck Medic's interests in the licensed marks, for which Deck Medic will reimburse reasonable out-of-pocket administrative expenses.