Does the Mr. Sandless franchisee have the right to use the Company's trade names?
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 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 company's trade names and proprietary marks within their designated territory. Mr. Sandless identifies its system with specific trade names, service marks, trademarks, logos, emblems, and indicia of origin, including the mark "Mr. Sandless."
However, this right is subject to several conditions and limitations. Franchisees must operate their business only within their designated territory, and Mr. Sandless retains the right to establish other Mr. Sandless businesses outside of that territory. The agreement does not grant franchisees the right to distribute products via alternative channels of distribution or share in any proceeds from such sales. Furthermore, franchisees 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, the franchisee's right to use the Mr. Sandless trade names and marks ceases immediately. The franchisee must discontinue all advertising under the Mr. Sandless name, de-identify service vehicles and office locations, cancel registrations related to the proprietary marks, and stop using any telephone numbers and listings associated with the names. This ensures that the franchisee no longer represents themselves as associated with Mr. Sandless after the agreement ends.
Mr. Sandless also retains ownership of any improvements or modifications to the system developed by the franchisee. This means that while franchisees can contribute to the system, Mr. Sandless has the exclusive right to use and incorporate those improvements for the benefit of the entire franchise network. Franchisees cannot introduce any improvements to customers without the franchisor's consent.