What are the Dryject franchisee's obligations regarding trademarks (Item 13) and how does this relate to the franchisor's assistance with advertising (Item 11)?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
| Place of Registration | |---|---|---|---| | DryJect (Word Mark) | 2,366,950 | July 11, 2000 | Principal Register | | DryJect (Word Mark) | 3,253,563 | June 19, 2007 | Principal Register | | 21st Century Aeration | 3,253,562 | June 19, 2007 | Principal Register | | (Word Mark) | | | | | Maximus (Word Mark) | 4,275,095 | January 15, 2013 | Principal Register | | DryJect Wet (Word Mark) | 6,063,735 | May 26, 2020 | Principal Register | | DryJect Wet (Composite | 6,063,737 | May 26, 2020 | Principal Register | | Mark) | | | | Your Franchise Agreement provides that any use of the Marks that is not authorized is an infringement. You may not use the Marks as part of your corporate or other legal name, website address, e-mail address, domain name or other identification in any print, electronic or other medium, or with any prefix, suffix or other modifying word, term, symbol or design without our consent. All rights in, and goodwill from, the use of the Marks accrue solely to us.
There are no effective material determinations of the USPTO, the Trademark Trial and Appeals Board, the Trademark Administrator of any state or any court relating to the Mark "DryJect®". There is no pending infringement, opposition or cancellation proceeding. There is no pending material litigation involving the Marks. We have filed all required affidavits the USPTO.
There are no agreements currently in effect that significantly limit our right to use or license the use of the Marks in a manner material to the franchise. The logo is part of the Company's Marks.
We have no actual knowledge of either superior prior rights or infringing uses that could materially affect a Franchise Owner's use of the Marks in any state. We cannot prevent anyone who began using the name "DryJect®" before our use of it from continuing their use of that name in the area of prior use. The name "DryJect®" may be in use by other businesses in the United States who are not our franchisees or in any way affiliated with us. You are responsible for finding out whether the name "DryJect®" is already being used in the Designated Territory.
The Franchise Agreement does not contain any provisions under which we are required to defend or indemnify you against any claims of infringement or unfair competition arising out of your use of the Marks. If litigation involving the Marks is instituted or threatened against you, you must notify us promptly and cooperate fully with us in defending or settling the litigation.
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the use of Dryject's trademarks. A Dryject franchisee's unauthorized use of the trademarks is considered an infringement of the franchise agreement. Franchisees cannot use the trademarks as part of their corporate or legal name, website address, email address, domain name, or other identification in any medium without Dryject's explicit consent. All rights and goodwill resulting from the use of the trademarks accrue solely to Dryject.
Dryject retains control over internet advertising and e-commerce activities. Franchisees are prohibited from establishing a website using domain names containing "DryJect®", "21st Century Aeration™" or "dryject.com" or any variation of Dryject's Mark. Dryject maintains the dryject.com website and provides franchisees with access to a page within it. Dryject has the final say on all information and functionality on the website and may require franchisees to use designated e-commerce products or services. Franchisees must also notify Dryject of any changes or inaccuracies in their information on the DryJect® Internet Website.
Dryject also requires franchisees to submit a local advertising and marketing plan for each fiscal year, at least 30 days prior to its implementation, or as otherwise specified in the Operations Manual. This plan outlines how the franchisee intends to market their franchised business. Dryject retains the right to pre-approve the franchisee's use of linking and framing between web pages and other websites and has administrator privileges over the franchisee's software, electronic mail, social media, marketing platforms, digital marketing, and all Internet and e-commerce activities. Franchisees must also sign documents to protect Dryject's marks.
While Dryject does not have a formal advertising council, they do maintain the DryJect Internet Website, which includes the franchisee's contact information and email address. Dryject may also provide advice and guidance on advertising and promoting the business as part of their pre-opening and ongoing support. However, the franchise agreement does not require Dryject to defend or indemnify franchisees against infringement claims arising from the use of the marks. Franchisees must promptly notify Dryject of any litigation involving the marks and cooperate fully in defending or settling the litigation, with Dryject retaining the right to control any administrative proceeding or litigation involving the trademark.