Are there any agreements that will affect Expense Reduction Analysts' right to use and license 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
other agreements that will affect our right to use, and license you to use, the Marks in any manner material to the System and franchises offered in this Disclosure Document.
You must strictly comply with our standards, policies, specifications, rules, requirements, and instructions regarding the use of the Marks. The goodwill associated with our Marks will remain our exclusive property, and you will receive no tangible benefit from our goodwill, except from the operation or possible sale of the Consulting Business during the term of the Franchise Agreement. Any increase in the goodwill associated with our Marks during the term of the Franchise Agreement will benefit us. All rights to use our Marks will automatically revert to us without cost and without the execution or delivery of any documents, upon the expiration or termination of the Franchise Agreement.
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 as of January 3, 2020. This agreement is in accordance with a separate license agreement between Evercertain Limited and MICO, also effective January 3, 2020. Under the License Agreement, Expense Reduction Analysts has the right to use the Marks and to license third parties to use the Marks to operate Franchised Businesses. The FDD states that there are no other agreements that will affect Expense Reduction Analysts' right to use and license the marks in any manner material to the System and franchises offered in the Disclosure Document.
However, the document also notes that MICO does not have a federal registration for some of the trademarks. This means that these trademarks may not have the same legal benefits and rights as federally registered trademarks. If Expense Reduction Analysts' right to use these trademarks is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses.
Expense Reduction Analysts requires franchisees to strictly comply with their standards, policies, specifications, rules, requirements, and instructions regarding the use of the Marks. The goodwill associated with the Marks will remain Expense Reduction Analysts' exclusive property, and franchisees will not receive any tangible benefit from the goodwill, except from the operation or possible sale of the Consulting Business during the term of the Franchise Agreement. All rights to use the Marks will automatically revert to Expense Reduction Analysts without cost upon the expiration or termination of the Franchise Agreement.