As a Deer Solution franchisee, am I required to use all the Licensed Marks?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
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ITEM 13 TRADEMARKS
Under the terms of the Franchise Agreement, you will be granted a license to use the "Deer Solution" trademark and those other marks that we designate. Our affiliate Cranberry IP, LLC is the owner of the Licensed Marks and has granted to us a license with an initial 20 year term and with automatic renewal thereafter to use the Licensed Marks and to license our franchisees to use the Licensed Marks. We reserve the right to supplement and modify the marks that you may or may not use in connection with the operations of your Deer Solution 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. Although the License Agreement may be terminated as a result of a breach of the License Agreement, in the event of any termination of the License Agreement, our franchisees will continue to maintain the right to use the Marks pursuant to the terms of their Franchise Agreement.
Principal Trademarks Registered with the United States Patent and Trademark Office
The principal trademarks identified in the schedule below are a part of the Licensed Marks, our System, are registered with the United States Patent and Trademark Office (the "USPTO") and, unless otherwise designated by us, will be used by you in the operations of the Franchised Business. As to these marks all required affidavits have been filed with the USPTO.
| Mark | USPTO Registration Number | Registration Type | Registration Date | |---------------|---------------------------|-------------------|-----------------------| | DEER SOLUTION | 2713394 | Principal | February 11, 2003 Renewal: June 6, 2012 | | DEER SOLUTION | 5421204 | Principal | March 13, 2018 | | | 6846580 | Principal | September 13, 2022 | | | 6904416 | Principal | November 22, 2022 | | | 6907054 | Principal | November 22, 2022 | As to our principal trademarks there are no currently effective material determinations by the USPTO, the Trademark Trial and Appeal Board, any court, or the trademark administrator of any state. There are no pending infringement, opposition or cancellation proceedings and no pending litigation involving our principal marks. We know of no superior rights or infringing uses that could materially affect your use of our principal marks or other related rights in any state.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, franchisees will be granted a license to use the "Deer Solution" trademark and other designated marks. Deer Solution reserves the right to supplement and modify the marks that franchisees may or may not use in connection with their Deer Solution Business. Franchisees may only use the Licensed Marks as authorized in writing by Deer Solution and under the terms of the Franchise Agreement.
The FDD specifies that the principal trademarks identified in the schedule are part of the Licensed Marks and the System. Unless otherwise designated by Deer Solution, these marks will be used by franchisees in the operations of the Franchised Business. The principal trademark, DEER SOLUTION, has a USPTO registration number 2713394, registration type Principal, and registration date February 11, 2003 Renewal: June 6, 2012. DEER SOLUTION also has a USPTO registration number 5421204, registration type Principal, and registration date March 13, 2018.
If a third party establishes rights to the Licensed Marks that are superior to Deer Solution's rights, Deer Solution will modify or replace the Licensed Marks. In this case, franchisees must use the substitutions, replacements, or variations of the Licensed Marks designated by Deer Solution. Deer Solution's sole liability will be to reimburse franchisees for the direct out-of-pocket costs of complying with this obligation, including alterations in signage and replacement of marketing materials, which must be documented to Deer Solution's satisfaction.