Is the Mr. Sandless franchisee required to use the Proprietary Marks in a specific way?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
te trademark law arising solely from your use of the Proprietary Marks according to this Agreement and our other written directives, if you have promptly notified us of such claim. If we undertake the defense or prosecution of any litigation pertaining to any of the Proprietary Marks, you must execute any and all documents and do such acts and things as may, in the opinion of our counsel, are necessary to carry out such defense or prosecution.
11.7 Other Covenants
You will not, either during or after the term of this Agreement, do anything, or aid or assist any other person to do anything, which would hinder or prevent us from using or licensing the use of the Proprietary Marks in any jurisdiction. If you are a corporation, partnership or limited liability company, the name of your entity shall not include any portion of any the Proprietary Marks; provided, however, you shall register for fictitious name usage (a "d/b/a") in the jurisdiction in which the Business is located and promptly provide us a copy of the registration. You shall not use the Proprietary Marks, or any part thereof, as part of any Website domain name without our prior written consent, which we are not required to provide.
11.8 Franchisee Developments
We shall own and have the exclusive right to use and incorporate in the System, for the benefit of other franchisees, us and our affiliates, any modifications, changes and improvements (collectively, "improvements") to the System, in whole or in part, developed or discovered by you, your principals or your employees or agents in connection with the System or the operation of a Business, without any liability or obligation to you. This includes, but is not limited to, discoveries or development of products, systems or techniques, management practices or procedures, architectural designs and philosophies and names or groups of words relating to the System or describing the services offered by Mr. Sandless Businesses. You acknowledge and agree that nothing in this Section 11.8 permits you to test, introduce, provide, or otherwise offer any Improvements to customers, or use any Improvement in the operation of the Franchised Business, unless and until Franchisor consents to the use of the Improvement for such purpose.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, franchisees face several stipulations regarding the use of the company's Proprietary Marks. Mr. Sandless retains broad control over how its brand name and associated marks are used, both during the franchise term and after termination.
The agreement specifies that franchisees cannot take any actions that would hinder Mr. Sandless from using or licensing its Proprietary Marks. Franchisees operating as a corporation, partnership, or LLC are prohibited from including any portion of the Proprietary Marks in their entity's name, although they are required to register a fictitious name (d/b/a) and provide a copy of the registration to Mr. Sandless. Furthermore, franchisees cannot use the Proprietary Marks as part of any website domain name without prior written consent from Mr. Sandless, which may be withheld.
Upon termination of the franchise agreement, franchisees must immediately cease all advertising under the Mr. Sandless name or any similar name, de-identify service vehicles and office locations, and cancel all registrations related to the use of the Proprietary Marks. This includes domain names, search engine listings, and trade name registrations. Franchisees must also transfer all social media accounts, email addresses, telephone numbers, and other listings associated with the Proprietary Marks to Mr. Sandless. These measures ensure that upon termination, the franchisee completely disassociates from the Mr. Sandless brand, protecting the integrity and exclusivity of the Proprietary Marks.