What might happen if Expense Reduction Analysts' right to use the trademarks is challenged?
Expense_Reduction_Analysts Franchise · 2025 FDDAnswer from 2025 FDD Document
ER | APPLICATION DATE | | | ERA GROUP | 97771982 97771977 | January 28, 2023 January 28, 2023 | | 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.
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2025 FDD)
According to Expense Reduction Analysts' 2025 Franchise Disclosure Document, the company derives its right to use its marks from a license agreement with Evercertain Limited, effective January 3, 2020. Some of Expense Reduction Analysts' trademarks do not have federal registration, which means they lack the full legal protections of federally registered trademarks.
If Expense Reduction Analysts' 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.
Expense Reduction Analysts may also modify or discontinue the use of a trademark. If this occurs, the franchisee is responsible for the tangible costs of compliance, such as changing exterior and interior signage, advertisements, and promotional materials. Expense Reduction Analysts is not obligated to reimburse franchisees for any loss of revenue due to the modified or discontinued mark or for any expenses incurred to promote a modified or substitute mark. This could create a financial burden for franchisees who would need to invest in rebranding efforts without financial support from Expense Reduction Analysts.