Under the Dryject Franchise Agreement, what specific rights are granted to the franchisee regarding the use of the Marks and the System?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
areas contiguous to your Designated Territory. We may, at our discretion, provide you with restricted, conditional and temporary rights to provide goods and services in contiguous territories so long as they have not been granted to other operators of franchised businesses. Neither continuation of your Franchise Agreement nor the size of the area within your Designated Territory is dependent upon your achieving any sales quotas, market penetrations or other contingencies.
Item 13 TRADEMARKS
Under the Franchise Agreement, we grant you the right and license to use the Marks and the System solely in connection with your Franchised Business. You may use only the Mark "DryJect®" and other Marks as are we may designate in writing by for your use, and you may use them only in the manner authorized and permitted by us. You may not directly or indirectly contest our ownership of or rights in the Marks.
| Mark | Registration No. | Registration Date | 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.
Source: Item 13 — TRADEMARKS (FDD pages 35–36)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, franchisees are granted specific rights to use Dryject's trademarks and system. The Franchise Agreement grants franchisees the right and license to use the Marks and the System solely in connection with their Franchised Business. Franchisees are permitted to use the mark "DryJect®" and other Marks designated in writing by Dryject, but only in the manner authorized and permitted by Dryject. Franchisees cannot contest Dryject's ownership or rights in the Marks, either directly or indirectly. This means a franchisee's use of the Dryject brand is strictly controlled and for the sole purpose of operating their franchise.
Dryject retains significant control over its trademarks. Franchisees are prohibited from using the Marks as part of their corporate or legal name, website address, email 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 Dryject's explicit consent. All rights in, and goodwill from, the use of the Marks accrue solely to Dryject. This underscores that while franchisees can use the Dryject name, they do not gain any ownership or independent rights to the brand itself.
Dryject also has the right to 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 Dryject decides to substitute different trademarks, franchisees must make the modifications required by Dryject within a reasonable time after notification. The franchisee is responsible for their tangible costs of complying, such as changing signs or advertising materials. Because telephone listings will be associated with the Marks, Dryject will own all rights to the telephone listings, and all goodwill generated from the use of the telephone listing will inure to Dryject's benefit. This highlights the potential costs and obligations franchisees may face if Dryject decides to rebrand or modify its trademarks.
It is important for prospective franchisees to understand these trademark usage rights and restrictions. They should be aware that they are essentially licensing the Dryject brand and system, with Dryject retaining ultimate control and ownership. Franchisees should factor in potential rebranding costs and the limitations on how they can use the Dryject name in their business operations.