Are there any effective material determinations by the USPTO, the Trademark Trial and Appeals Board, any state Trademark Administrator, or any court relating to the Dryject trademark?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 13 — TRADEMARKS (FDD pages 35–36)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, there are no effective material determinations by the USPTO, the Trademark Trial and Appeals Board, or any state Trademark Administrator, or any court relating to the DryJect® mark. Additionally, there are no pending infringement, opposition, or cancellation proceedings, and no pending material litigation involving the marks. Dryject has also filed all required affidavits with the USPTO. This indicates that Dryject's trademark is currently in good legal standing. However, the name "DryJect®" may be in use by other businesses in the United States who are not franchisees or affiliated with Dryject. Franchisees are responsible for determining if the name is already in use in their designated territory.
Dryject may substitute different marks to identify the business conducted under the DryJect® System if they can no longer use or license the marks, or if they decide that substitution of different marks is good for the business. If that happens, the franchisee must make the modifications required by Dryject within a reasonable time after notification and will be responsible for their tangible costs of complying, such as changing signs or advertising materials. Franchisees must not directly or indirectly contest Dryject's right to their marks, trade secrets, or business techniques that are part of their business.
The Franchise Agreement does not contain any provisions under which Dryject is required to defend or indemnify the franchisee against any claims of infringement or unfair competition arising out of the use of the marks. If litigation involving the marks is instituted or threatened against the franchisee, they must notify Dryject promptly and cooperate fully in defending or settling the litigation. Should Dryject elect to protect the marks or protect the franchisee against claims of infringement, they will have the right to control any administrative proceeding or litigation involving a trademark licensed by them to the franchisee.
Dryject also owns all rights to telephone listings associated with the marks, and all goodwill generated from the use of the telephone listing will inure to their benefit. The franchisee must sign all documents requested by Dryject or their counsel that are necessary to protect their marks or to maintain their validity and enforceability. Under the Franchise Agreement, Dryject grants the franchisee the right and license to use the marks and the system solely in connection with their franchised business. The franchisee may use only the mark "DryJect®" and other marks as Dryject may designate in writing for their use, and they may use them only in the manner authorized and permitted by Dryject. The franchisee may not directly or indirectly contest Dryject's ownership of or rights in the marks.