Can a Jersey Mikes franchisee contest the validity or ownership of the Marks during or after the term of the Franchise Agreement?

According to Jersey Mike's 2025 Franchise Disclosure Document, a franchisee is explicitly prohibited from contesting the validity or ownership of any of Jersey Mike's trademarks (referred to as "Marks") at any time. This restriction applies both during the term of the Franchise Agreement and after its termination or expiration. Furthermore, the franchisee is also barred from assisting any other party in challenging the validity or ownership of these Marks. This provision is designed to protect Jersey Mike's brand identity and the integrity of its trademarks.

This clause ensures that franchisees cannot undermine the brand's intellectual property, which is a critical asset for any franchise system. By agreeing to this, a franchisee acknowledges the value and legality of Jersey Mike's trademarks and commits to upholding them. This is a standard practice in franchising, as the franchisor needs to maintain consistent brand standards and protect its trademarks from legal challenges that could arise from within the franchise network.

The franchisee's agreement extends to any additional trademarks, service marks, and commercial symbols that Jersey Mike's authorizes for the franchisee's use after the agreement's effective date. This prevents franchisees from later disputing the validity of any new branding elements introduced by Jersey Mike's. The franchisee is also obligated to notify Jersey Mike's of any potential infringement or unauthorized use of the Marks by others, reinforcing their role in safeguarding the brand's intellectual property.