What is the franchisee's obligation regarding the use of the Mr. Sandless Proprietary Marks?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
- 23.1.3 Immediately discontinue all advertising under the names "Mr.
Sandless" or any similar name, and (iii) de-identify the service vehicle(s) and any office location;
- 23.1.4 Promptly take such action as may be required to cancel all registrations relating to the use of any of the Proprietary Marks, including, but not limited to, any electronic address, domain name, search engine or website that associates you with us, the Business or the Proprietary Marks (if we allowed you to establish same), as well as any trade name or assumed name registrations, and will not directly or indirectly at any time or in any manner identify any premises or any business as a franchise, or yourself as a franchisee, of ours; and you shall not, in any manner or for any purpose, use any of the Proprietary Marks or any colorable imitation thereof You shall notify the telephone company and all listing agencies of the termination or expiration of your right to use any telephone number and any classified or other telephone directory listings associated with such names and to authorize the transfer of same to us or our new franchisee.
You acknowledge that, as between us and you, we have the sole rights to and interest in all , social media accounts, electronic mail addresses, telephone numbers, and other listings associated with the Proprietary Marks.
You will provide us, on execution, with an undated assignment of the telephone number to us, in the form annexed hereto as Attachment 5;
- 23.1.5 If directed by us, promptly make such changes and modifications in your business methods, business facility, and otherwise as we direct so as to effectively distinguish your business from any appearance as a Mr.
Sandless Business;
23.1.6 Promptly destroy or surrender to us, at your expense, all signs, stationery, letterhead, forms and other printed materials containing any of the Proprietary Marks or any other similar name or mark;
23.1.7 Promptly return to us, at your expense, the Operations Manual and other materials provided by us or containing Confidential Information or Trade Secrets, or other information which relates to the System or the operation of the Business, including but not limited to computer files, customer data, programs and other materials provided to you by us;
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, franchisees have specific obligations regarding the use of Mr. Sandless's Proprietary Marks, both during and after the franchise agreement term. Franchisees must not take any actions that could hinder Mr. Sandless from using or licensing its Proprietary Marks. If the franchisee operates as a corporation, partnership, or limited liability company, they cannot include any portion of the Proprietary Marks in their entity's name. However, they are required to register for fictitious name usage (d/b/a) in the jurisdiction where the business is located and provide Mr. Sandless with a copy of the registration. Franchisees are also prohibited from using the Proprietary Marks, or any part of them, 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 or any similar name. They are also required to de-identify service vehicles and any office locations. Franchisees must take action to cancel all registrations related to the use of any Proprietary Marks, including electronic addresses, domain names, search engines, or websites that associate them with Mr. Sandless. They must also cancel any trade name or assumed name registrations and are prohibited from identifying any premises or business as a Mr. Sandless franchise. Franchisees must notify the telephone company and listing agencies of the termination of their right to use any telephone number and directory listings associated with the Mr. Sandless name, authorizing the transfer of these to Mr. Sandless or a new franchisee.
Mr. Sandless retains sole rights to all social media accounts, email addresses, telephone numbers, and other listings associated with the Proprietary Marks. Franchisees must provide Mr. Sandless with an undated assignment of the telephone number upon execution of the agreement. If directed by Mr. Sandless, franchisees must promptly make changes to their business methods and facilities to distinguish their business from any appearance as a Mr. Sandless Business. Additionally, franchisees must destroy or surrender all materials containing any of the Proprietary Marks, including signs, stationery, and forms. They must also return the Operations Manual and other confidential materials to Mr. Sandless.