Under the Deck Medic Franchise Agreement, what am I granted a license to use?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
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) |
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, as a franchisee, you are granted a license to use the "Deck Medic" trademark and other marks in connection with operating your franchised business. Deck Medic retains the right to modify these marks. Your use of these licensed marks must be authorized in writing and adhere to the terms of the Franchise Agreement. You are prohibited from using the licensed marks in the name of any corporate entity you establish. The FDD also lists the principal trademarks registered with the United States Patent and Trademark Office (USPTO). These include the "Deck Medic" trademark, registration number 5037787, registered on September 6, 2016, and registration number 5224100, registered on June 13, 2017.
Deck Medic also requires you to provide written notice of any claims regarding the licensed marks, including your use of the marks or any third-party use of similar trademarks. Deck Medic maintains exclusive discretion over any action taken in response to trademark infringement. You must sign documents and undertake actions necessary to protect Deck Medic's interests in the licensed marks, for which Deck Medic will reimburse reasonable out-of-pocket administrative expenses.
Deck Medic will protect your right to use the licensed marks and defend against infringement claims, provided you use the marks according to the Franchise Agreement and Deck Medic's instructions. Deck Medic will indemnify you against direct damages for trademark infringement if you comply with the Franchise Agreement, manuals, and written instructions, and promptly notify them of any claims. However, Deck Medic is not obligated to cover attorney fees if you retain your own counsel when they are defending the claim.
If a third party establishes superior rights to the marks, Deck Medic will modify or replace the licensed marks, and you must use the revised marks. Deck Medic's sole obligation is to reimburse you for direct out-of-pocket costs for compliance, such as signage alterations and marketing material replacements. There are no current agreements that significantly limit Deck Medic's rights to license the use of the licensed marks in a way that would be material to you.