What are 'Proprietary Marks' within the Exit franchise system?
Exit Franchise · 2025 FDDAnswer from 2025 FDD Document
- (K) Proprietary Marks: "Proprietary Marks" means the trade names, trademarks, service marks, logos, emblems, and signs, including improvements and modifications, which are adopted and used by EXIT as
part of the EXIT System which are designated as confidential, and confidential programs, materials, and information which are part of the System.
Source: Item 23 — RECEIPT (FDD pages 42–235)
What This Means (2025 FDD)
According to Exit's 2025 Franchise Disclosure Document, the Proprietary Marks encompass the trade names, trademarks, service marks, logos, emblems, and signs that Exit uses as part of its system. These marks, including any improvements or modifications, are designated as confidential. Additionally, confidential programs, materials, and information that are part of the Exit System also fall under the definition of Proprietary Marks.
As a franchisee, you're granted a non-exclusive license to use these Proprietary Marks for operating your franchise, but ownership remains solely with Exit. You must use the appropriate SM, TM, or ® symbols with the marks. Exit retains the right to grant further licenses to others and may develop other marks for different systems.
Exit also has the right to modify the Exit System or any part of it, including the Proprietary Marks, if it deems the modification beneficial. Any improvements developed by a franchisee become the property of Exit. Franchisees are expected to protect and advance these marks and report any infringements. Upon termination of the Franchise Agreement, the franchisee must cease using the Exit System and its marks, distinguishing their operations from Exit and its affiliates.