Are the principal trademarks used by Deer Solution registered with the USPTO?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
[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.
You are required to provide us with written notice of all claims that you may become aware of concerning the Licensed Marks including your use of the Licensed Marks and/or a 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. We possess the sole right to exclusively control any and all litigation, legal proceedings, administrative proceedings and/or settlement(s) concerning any actual or alleged infringement, challenge or claim relating to the Licensed Marks. You must sign all documents, instruments and agreements and undertake the actions that we, with the advice of our legal counsel, determine to be necessary or advisable respecting the protection and/or maintenance of our interests in the Licensed Marks in any legal proceeding, administrative proceeding or as may be otherwise determined by us. As to the foregoing, we will reimburse you for the reasonable out-of-pocket administrative expenses that you incur and pay in complying with our written instructions.
We will protect your right to use the Licensed Marks and to protect you against claims of infringement and unfair competition related to the Licensed Marks, provided that your use of the Licensed Marks is in accordance with the Franchise Agreement, the Manuals, and is consistent with our instructions and the license granted to you. We will indemnify you against direct damages for trademark infringement in a proceeding arising out of your use of the Licensed Marks, provided your use of the Licensed Marks comply with the terms of your Franchise Agreement, the Manuals, our written instructions to you, and you have timely notified us of the claim, have given us sole control of the defense and settlement of the claim, and you are in compliance with your Franchise. If we defend the claim, we have no obligation to indemnify or reimburse you with respect to any fees or disbursements of any attorney that you retain.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, the principal trademarks are registered with the United States Patent and Trademark Office (USPTO). Deer Solution franchisees are granted a license to use the "Deer Solution" trademark and other designated marks, owned by Cranberry IP, LLC. Deer Solution reserves the right to modify these marks, and franchisees can only use them as authorized in writing under the Franchise Agreement.
The FDD lists several registrations for the "DEER SOLUTION" mark with the USPTO. Registration number 2713394 is for the principal trademark, registered on February 11, 2003, with a renewal on June 6, 2012. Additional registrations include 5421204 registered March 13, 2018, 6846580 registered September 13, 2022, 6904416 registered November 22, 2022 and 6907054 registered November 22, 2022.
Deer Solution states that there are no current material determinations by the USPTO or other bodies regarding their principal trademarks. Furthermore, there are no pending infringement, opposition, or cancellation proceedings, nor any pending litigation involving these marks. Deer Solution also claims to be unaware of any superior rights or infringing uses that could significantly impact a franchisee's use of the principal marks.
Deer Solution will protect a franchisee's right to use the licensed marks and defend against infringement claims, provided the franchisee adheres to the Franchise Agreement, manuals, and instructions. Franchisees must notify Deer Solution of any claims concerning the licensed marks, and Deer Solution maintains exclusive control over any related legal proceedings. Deer Solution will indemnify franchisees against direct damages from trademark infringement arising from their compliant use of the licensed marks.