From whom does Expense Reduction Analysts derive the right to use the Marks?
Expense_Reduction_Analysts Franchise · 2025 FDDAnswer from 2025 FDD Document
We derive the right to use the Mark from a license agreement we entered into with Evercertain Limited effective as of January 3, 2020 (the "License Agreement"), in accordance with and pursuant to a separate license agreement entered into between Evercertain Limited and MICO, also effective January 3, 2020. Under the License Agreement, we have the right to use the Marks, as well as license third parties the right to use the Marks to operate Franchised Businesses.
MICO, does not have a federal registration for some of the above trademarks. Therefore, these trademarks do not have many legal benefits and rights as federally registered trademarks do. If our right to use these trademarks is challenged, you may have to change to an alternative trademark, which may increase your expenses.
All required affidavits relating to the Mark detailed in the chart above has been filed. There are currently no effective determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court; no pending interference, opposition or cancellation proceedings; nor any pending material litigation involving any the Marks. Currently, there is no litigation pending or otherwise that limits our ability to use or license the Marks to you or any other franchisee. There are no
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2025 FDD)
According to Expense Reduction Analysts' 2025 Franchise Disclosure Document, the right to use their marks is derived from a license agreement. Specifically, Expense Reduction Analysts entered into a license agreement with Evercertain Limited, effective as of January 3, 2020. This agreement allows Expense Reduction Analysts to use the marks and to license these marks to third parties, enabling them to operate franchised businesses.
It's important to note that Evercertain Limited's right to grant this license stems from a separate license agreement with MICO, also effective January 3, 2020. However, MICO does not have federal registration for all of the trademarks. This lack of federal registration could mean that some trademarks do not have the same legal protections as federally registered trademarks.
For a prospective Expense Reduction Analysts franchisee, this arrangement carries some risk. If the right to use these trademarks is challenged, franchisees may be required to switch to an alternative trademark. This change could lead to increased expenses for the franchisee. Despite this risk, the FDD states that there are currently no pending litigations that would limit Expense Reduction Analysts' ability to license the marks to franchisees.