If Dryject decides to modify or discontinue use of the Marks, what is the Dryject franchisee obligated to do?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) You acknowledge and agree that We are the owner of the Licensed Rights which include all Marks and that Your right to use the Licensed Rights is derived solely from this Agreement and is limited to the conduct of the business by You pursuant to and in compliance with this Agreement and all applicable standards, specifications, and operating procedures prescribed by Us from time to time during the Term of this Agreement. Any unauthorized use of the Marks by You constitutes a material breach of this Agreement and an infringement of Our rights in and to the Marks. You acknowledge and agree that all usage of the Marks by You and any goodwill established by Your use of the Marks shall inure to Our exclusive benefit and that this Agreement does not confer any goodwill or other interests in or to the Marks upon You. You shall not, at any time during the Term of this Agreement, or after its termination or expiration, contest the validity or ownership of any of the Marks or assist another person in contesting the validity or ownership of any of the Marks. All provisions of this Agreement applicable to the Marks apply to any additional trademarks, service marks, trade names, trade dress, trade symbols, signs, slogans, associated logos, designs, emblems, e-marks, copyrights, and commercial symbols authorized for use by and licensed to You by Us after the date of this Agreement.
- (b) You shall not use any of the Marks as part of any corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form, nor may You use any of the Marks in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by Us. You agree to give such notices of trademark and service mark registrations as We specify and to obtain such fictitious or assumed name registrations as may be required under applicable law or as requested by Us. You shall not use or seek to register any of the Marks in any manner that has not been specified or approved by Us in advance.
- DryJect Franchise Agreement 2025.0430 28 (c) You shall immediately notify Us in writing of any apparent infringement of or challenge to
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
Based on the 2025 Dryject Franchise Agreement, franchisees must adhere to Dryject's stipulations regarding the use of its trademarks and service marks. Dryject retains the right to modify or discontinue the use of its marks. The agreement specifies that franchisees must use the licensed rights, including all marks, in compliance with the agreement and standards set by Dryject. Unauthorized use of these marks constitutes a breach of the agreement. Franchisees cannot use the marks as part of a corporate or trade name, or with modifications, without Dryject's explicit written authorization. Franchisees must also provide notices of trademark and service mark registrations as specified by Dryject.
According to the agreement, franchisees are obligated to notify Dryject immediately in writing of any apparent infringement or challenge to the marks. This ensures Dryject can take appropriate action to protect its brand. Franchisees also acknowledge that all goodwill established through their use of the marks benefits Dryject exclusively, and they cannot contest the validity or ownership of the marks during or after the agreement's term.
Dryject also has the right to develop, use, and franchise rights to any trade names, trademarks, service marks, trade symbols, emblems, signs, slogans, insignias, or copyrights not specifically designated as licensed rights for use with similar or different franchise systems in any territory, on terms and conditions it deems advisable, without granting the franchisee any rights. This underscores Dryject's control over its intellectual property and its ability to adapt its branding and trademarks as needed. Franchisees are responsible for operating their franchised business in full compliance with all system standards, which may be modified periodically by Dryject.