What is the meaning of the term 'Marks' in the Kitchen Solvers franchise agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
DEVELOPMENT AGREEMENT**
DEVELOPER DATE
AREA DEVELOPMENT AGREEMENT
KS LA CROSSE INVESTMENTS, LLC
| Number of Months Business Open | Monthly Minimum Fee |
|---|---|
| 0-6 months | $0 |
| 7-12 months | $300 |
| 13-24 months | $600 |
| After 24 months | $900 |
BACKGROUND
- A. Franchisor, as the result of the expenditure of time, skill, effort and money, owns and continues to develop a franchise system (the "System") involving the establishment and operation of franchised businesses (each, a "Business" or "Franchised Business"), which offer kitchen and bathroom update, beautification and remodeling services for residential and commercial buildings under the mark KITCHEN SOLVERS® and/or such other marks as designated by Franchisor (the "Marks").
- B. The characteristics of the System may include, without limitation, sales and operating methods; equipment; class structure and instruction; customer service and development techniques; uniform standards and procedures; training and assistance;
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the term "Marks" refers to the trade names, service marks, trademarks, logos, emblems, and indicia of origin that Kitchen Solvers uses to identify its franchise system. These include, but are not limited to, the mark KITCHEN SOLVERS® and the KITCHEN SOLVERS® logo. The franchisor may also designate other different and/or additional trade names, trademarks, and service marks in writing for use in connection with the System.
For a prospective Kitchen Solvers franchisee, understanding the definition of "Marks" is crucial because it defines the intellectual property they are authorized to use. This includes the brand name and logo, which are essential for marketing and operating their franchise. The franchise agreement grants the franchisee the right to use these marks, but also imposes obligations to maintain the standards associated with them.
The franchisor retains the right to modify these marks, so franchisees must stay updated with any changes communicated by Kitchen Solvers. This ensures consistent branding across all franchise locations and protects the overall reputation of the Kitchen Solvers system. The definition of "Marks" also plays a role in non-compete clauses, as actions that are injurious or prejudicial to the goodwill associated with the Marks are prohibited, as detailed in section 7.1.1 of the franchise agreement.