Does the Mr. Sandless franchisee have the right to use the Company's indicia of origin?

According to the 2025 Mr. Sandless Franchise Disclosure Document, franchisees are granted a nonexclusive franchise to operate a Mr. Sandless business, which includes the right to use the Mr. Sandless System and Proprietary Marks within their designated territory. The Mr. Sandless System is identified by trade names, service marks, trademarks, logos, emblems, and indicia of origin, including the mark "Mr. Sandless." This right is granted under the terms of the Franchise Agreement, allowing franchisees to conduct internet-based advertising, maintain social media accounts, software accounts, and use telephone listings linked to the Mr. Sandless brand.

However, this right to use the Proprietary Marks is subject to several conditions and limitations. Franchisees cannot hinder Mr. Sandless from using or licensing the Proprietary Marks. They must register for fictitious name usage (a "d/b/a") in the jurisdiction where their business is located and provide Mr. Sandless with a copy of the registration. Franchisees also cannot use the Proprietary Marks as part of any website domain name without prior written consent from Mr. Sandless.

Upon termination of the Franchise Agreement, franchisees must immediately discontinue all advertising under the Mr. Sandless name, de-identify their service vehicles and office locations, and cancel all registrations related to the use of the Proprietary Marks. They must also transfer all social media accounts, email addresses, telephone numbers, and other listings associated with the Proprietary Marks to Mr. Sandless. Additionally, franchisees must destroy or surrender all materials containing the Proprietary Marks and return the Operations Manual and other confidential information to Mr. Sandless. These measures ensure that Mr. Sandless retains control over its brand and System, even after a franchise agreement ends.

Mr. Sandless also retains the right to use any improvements to the System developed by the franchisee. This includes 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. Franchisees cannot introduce any improvements to customers unless Mr. Sandless consents to the use of the improvement for such purpose.