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What is the relationship between the Deer Solution trademark license granted in Item 13 and the franchisee's obligations regarding approved services and products in Item 8?

Deer_Solution Franchise · 2025 FDD

Answer from 2025 FDD Document

[Item 1: THE FRANCHISOR AND ANY PARENTS, PREDECESSORS AND AFFILIATES]

The Franchised Business

We license a system (the "System") for the operation of a Deer Solution business (each, a "Franchised Business" or "Deer Solution Business") that provides all natural deer repellent services and deer damage control for residential and commercial landscapes (the "Approved Services and Products") using our proprietary pesticides, and such other programs, materials, equipment, products, and supplies that we designate (the "System Supplies"). The System is presently identified by the Deer Solution trademark and, such other tradenames, trademarks, service-marks, logos, and trade-dress that we may designate, modify, or adopt from time to time and, as same may or may not be registered with the United States Patent and Trademark Office (collectively, the "Licensed Marks").

The System features the prominent display of the Licensed Marks, the Approved Services and Products, and the System Supplies as same may presently exist, and as we may modify, add to and/or discontinue from time to time. You are required to purchase the System Supplies through us, our affiliates, or our designated approved suppliers. The System also requires that you operate your Deer Solution Business in conformity with the specifications, procedures, criteria, and requirements that we designate in our confidential operations manual and other proprietary manuals that we designate and as we may, from time to time, supplement and modify (collectively, the "Manuals").

[Item 13: TRADEMARKS]

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.

[Item 23: RECEIPTS]

"Licensed Marks" refers to and means the trademarks, service marks, emblems and indicia of origin, including the "Deer Solution" trademark, the Deer Solution logo, Trade Dress, and other trade names, service marks, trademarks, logos, slogans and designs authorized by Franchisor in connection with the

identification of Deer Solution Businesses and the Approved Services and Products, provided that such trade names, trademarks, service marks, logos and designs are subject to modification, replacement and discontinuance by Franchisor in Franchisor's Reasonable Business Judgment.

  • (4) Franchisee may only operate the Franchised Business within Franchisee's Operating Territory and, without limitation to the foregoing, Franchisee may only offer and sell the Approved Services and Products within Franchisee's Operating Territory from Franchisor designated and authorized Service Vehicles, the System standards designated by Franchisor, and in accordance with the requirements designated by Franchisor in the Operations Manual;

What This Means (2025 FDD)

According to the 2025 Deer Solution Franchise Disclosure Document, the trademark license granted to franchisees is directly tied to the approved services and products they offer. Deer Solution franchisees are granted a license to use the "Deer Solution" trademark and other designated marks, which are owned by Cranberry IP, LLC and licensed to the franchisor. This license allows franchisees to operate a Deer Solution business, providing all-natural deer repellent services and deer damage control using proprietary pesticides and other designated System Supplies.

The System, identified by the Licensed Marks, features the Approved Services and Products and System Supplies. Franchisees are required to purchase these System Supplies from Deer Solution, its affiliates, or approved suppliers. This ensures consistency and quality in the services provided under the Deer Solution brand. The use of the Licensed Marks is authorized in connection with the identification of Deer Solution Businesses and the Approved Services and Products, but these marks are subject to modification, replacement, and discontinuance by Deer Solution based on its reasonable business judgment.

Deer Solution franchisees may only offer and sell the Approved Services and Products within their designated Operating Territory, using franchisor-designated and authorized Service Vehicles that meet System standards. This is further reinforced by the stipulation that franchisees may only operate the Franchised Business within their Operating Territory and must adhere to the requirements outlined in the Operations Manual. The rights granted to use the Licensed Marks are contingent upon compliance with all terms and conditions of the Franchise Agreement, ensuring that franchisees maintain the brand's integrity and standards in their operations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.