Are there any agreements that significantly limit Ledgers' rights to use or license its trademarks?
Ledgers Franchise · 2025 FDDAnswer from 2025 FDD Document
TO | Registration Date | |---|---|---|---| | | 6497578 | Principal | September 28, 2021 | | | 6179313 | Principal | October 20, 2020 | We have filed all required affidavits and renewals.
There are currently no effective determinations of the USPTO, the Trademark Trial and Appeal Board, or any state trademark administrator or any court; or any pending infringement, opposition, or cancellation proceeding in which we unsuccessfully sought to prevent registration of a trademark in order to protect a trademark licensed by the franchisor. There are no pending material federal or state court litigation regarding our use or ownership rights in a trademark.
There are no currently effective agreements that significantly limit our rights to use or license the use of our trademarks listed in this section.
If you learn of any claim against you for alleged infringement, unfair competition, or similar claims about the Marks, you must promptly notify us. We are not required to take affirmative action when notified of these uses or claims.
We have the sole right to control any administrative proceedings or litigation involving a trademark licensed by us to you. The Franchise Agreement does not require us to participate in your defense or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving a trademark licensed by us to you or if the proceeding is resolved unfavorably to you.
Source: Item 13 — TRADEMARKS (FDD pages 34–36)
What This Means (2025 FDD)
According to Ledgers' 2025 Franchise Disclosure Document, there are currently no effective agreements that significantly limit their rights to use or license the use of their trademarks. This means that Ledgers has full control over its trademarks and can license them to franchisees without significant restrictions from other parties. This is a positive aspect for potential franchisees as it indicates the franchisor has secure and unrestricted rights to the brand's trademarks.
The FDD also states that if a franchisee learns of any claim against them for alleged infringement, unfair competition, or similar claims about the Marks, they must promptly notify Ledgers. However, Ledgers is not required to take affirmative action when notified of these uses or claims. Ledgers retains the sole right to control any administrative proceedings or litigation involving a trademark licensed to the franchisee, but the Franchise Agreement does not require Ledgers to participate in the franchisee's defense or indemnify them for expenses or damages. This means that while Ledgers controls the legal proceedings, the franchisee may bear the financial burden of defending against trademark claims.
Ledgers reserves the right to supplement and modify the marks that franchisees may or may not use in connection with the operations of their Franchised Business. Franchisees may only use the Licensed Marks as authorized by Ledgers in writing and under the terms of the Franchise Agreement and may not use the Licensed Marks in the name of any corporate entity that they establish. This highlights the importance of adhering to Ledgers' guidelines on trademark usage and staying updated on any changes to the approved marks. The FDD also lists the description of marks, serial/registration number, principal or supplemental register of the USPTO, and registration date.