Does the Mr. Sandless franchisee have the right to use the Company's service marks?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
- B.
The System is identified by certain trade names, service marks, trademarks, logos, emblems and indicia of origin, including, but not limited to, the mark "Mr.
Sandless" and such other trade names, service marks, and trademarks as are now designated (and may hereafter be designated by us in writing) for use in connection with the System (hereinafter referred to as "Marks" or "Proprietary Marks");
- C.
We offer franchises to qualified individuals for the right to use the System and Proprietary Marks within designated territories (the "Business").
Unless otherwise stated to the contrary herein, the term "Business" shall apply to both a Mr.
Sandless Business.
- D.
You have applied to us for the right to operate a Business pursuant to the terms of this Agreement, and we have approved your application in reliance upon all of the representations made in your application, including those concerning your financial resources, your business experience and interests, and the manner in which the franchise will be owned and operated.
- E.
You acknowledge that you have read this Agreement and our Franchise Disclosure Document, and that you have been given an opportunity to obtain clarification of any provision that you did not understand.
You also understand and agree that the terms and conditions in this Agreement are necessary to maintain our high standards of quality and service, and the uniformity of those standards at all Mr.
Sandless Businesses.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, mutually agree as follows:
1. FRANCHISE GRANT
We hereby grant to you, and you hereby accept, a nonexclusive franchise to establish and operate one (1) Franchised Business pursuant to the terms of this Agreement. This Agreement does not give you the right to establish additional Franchised Businesses.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 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 a designated territory. This right is granted under the terms of the Franchise Agreement, indicating that franchisees in substantial compliance with the agreement can use the Mr. Sandless System and Proprietary Marks within their designated territory.
However, this right is not absolute and comes with several limitations. Mr. Sandless retains the right to distribute products through alternative channels, such as home improvement stores or the internet, even within a franchisee's designated territory. The franchisee does not share in any proceeds from these alternative channels. Furthermore, the franchisee's right to use the Proprietary Marks is contingent upon adherence to the Franchise Agreement, and Mr. Sandless can suspend a franchisee's web page on their website if the franchisee breaches any obligation under the agreement.
Upon termination or expiration of the Franchise Agreement, the franchisee's right to use the Proprietary Marks immediately ceases. The franchisee must discontinue all advertising under the Mr. Sandless name, de-identify service vehicles, and take action to cancel registrations related to the use of the Proprietary Marks. They must also destroy or surrender all materials containing the Proprietary Marks and return the Operations Manual and other confidential information to Mr. Sandless. This underscores the importance of complying with the Franchise Agreement to maintain the right to use the Mr. Sandless brand and system.
Moreover, franchisees cannot use the Proprietary Marks as part of a website domain name without prior written consent from Mr. Sandless. The franchisee also acknowledges that Mr. Sandless owns the rights to any improvements made to the Mr. Sandless system by the franchisee. These improvements can be incorporated into the system for the benefit of other franchisees without any obligation to the franchisee who developed them. This highlights that while franchisees have the right to use the Mr. Sandless marks and system, Mr. Sandless maintains significant control over the brand and its evolution.