What right has the owner of the Mr. Sandless trademarks granted to the franchisor?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
all potential Regional Accounts to us. You are not permitted to negotiate terms with any Regional Account.
ITEM 13 TRADEMARKS
Our President, Daniel J. Prasalowicz is the owner of the Marks and has granted us the right to use the Marks and license to others the right to use the Marks in the operation of a Mr. Sandless outlet in accordance with the System. The Franchise Agreement will license to you the right to operate your Franchised Business under the Mr. Sandless service marks, as described below ("Principal Mark"):
| Mark | Registration Date | Registration Number | Register |
|---|---|---|---|
| MR. SANDLESS | July 19, 2005 | 2,970,433 | Principal |
| Mr. Sandless (1) | July 19, 2005 | 5,173,423 | Principal |
(1) An International Class 037 for "no sanding wood floor refinishing".
Mr. Prasalowicz will file all required affidavits and renew his registrations with the USPTO for the Principal Marks above when they become due.
Source: Item 13 — TRADEMARKS (FDD pages 26–28)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, the owner of the Mr. Sandless trademarks, Daniel J. Prasalowicz, has granted the franchisor the right to use the trademarks and to license others to use them. This allows the franchisor to authorize franchisees to operate their businesses under the Mr. Sandless service marks. A March 26, 2010 license agreement specifies that Mr. Prasalowicz licensed the franchisor the right to use the Proprietary Marks and to sublicense them to System franchisees. The license agreement also allows Mr. Sandless, Inc., the right to use the Proprietary Marks without the ability to sublicense.
Both Mr. Prasalowicz and the franchisor have the right to terminate the license agreement with 30 days' notice. If the agreement is terminated, Mr. Prasalowicz will assume all rights and obligations pertaining to the Proprietary Marks. The FDD states that there are no other agreements that significantly limit the franchisor's rights to use or license the Proprietary Marks in a way that would be material to the franchise.
This arrangement is typical in franchising, where the franchisor licenses its trademarks to franchisees. It's important for prospective franchisees to understand the terms of the trademark license, including any limitations or conditions on their use of the marks. Franchisees are typically required to use the trademarks in accordance with the franchisor's specifications and to protect the franchisor's rights in the marks. Franchisees must adhere to the guidelines set forth in the manual and must identify their business as an independent contractor using the language specified by Mr. Sandless.