As of the date of this Exit FDD, are there any pending infringement, opposition, or cancellation proceedings involving Exit's principal trademarks?
Exit Franchise · 2025 FDDAnswer from 2025 FDD Document
There is no currently effective material determination of the United States Patent and Trademark Office or the Trademark Trial and Appeal board, or the trademark administrator of any state or court, any pending infringement, opposition, or cancellation proceeding, and no pending material litigation involving EXIT's principal trademarks. EXIT has filed all required affidavits for maintenance of the trademark registrations. There are no agreements that limit EXIT's right to use or license others to use EXIT's trademarks. If EXIT Realty Upper Midwest's subfranchise rights are terminated, your right to use EXIT's trademarks shall continue.
Source: Item 13 — TRADEMARKS (FDD pages 25–27)
What This Means (2025 FDD)
According to Exit's 2025 Franchise Disclosure Document, there are no pending or effective material determinations or proceedings involving Exit's principal trademarks. Specifically, the FDD states that there is no currently effective material determination by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. Furthermore, there are no pending infringement, opposition, or cancellation proceedings, and no pending material litigation involving Exit's principal trademarks. Exit has also filed all necessary affidavits to maintain its trademark registrations, and there are no agreements limiting Exit's right to use or license its trademarks.
This means that a prospective Exit franchisee should not encounter any immediate legal challenges regarding the use of Exit's trademarks. Exit also affirms that if Exit Realty Upper Midwest's subfranchise rights are terminated, the franchisee's right to use Exit's trademarks will continue. This provides some assurance of continued brand usage rights even if the subfranchisor relationship changes.
The FDD also clarifies the franchisee's responsibilities regarding trademark use and protection. Franchisees must use Exit's trademarks as specified in the Franchise Agreement and Training Manual and must notify Exit Realty Upper Midwest immediately of any infringement or challenges to the trademarks. Exit retains the sole right to manage and resolve disputes concerning the trademarks and will defend franchisees against claims opposing their trademark use, provided the franchisee sends the lawsuit to Exit within seven days of receipt.
Exit also has the authority to modify or discontinue trademarks, and franchisees must comply with these changes at their own expense. While Exit knows of no infringing or prior uses that could materially affect a franchisee's use of Exit's trademarks, it is important for prospective franchisees to understand their obligations and Exit's rights regarding trademark management and protection.