What rights does a Mr. Sandless franchisee have regarding the use of emblems?
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").
- 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;
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.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless FDD, Mr. Sandless identifies its system through trade names, service marks, trademarks, logos, emblems, and indicia of origin, including the mark "Mr. Sandless." Mr. Sandless offers franchises to qualified individuals for the right to use the system and proprietary marks within designated territories.
Mr. Sandless franchisees must discontinue all advertising under the name "Mr. Sandless" or any similar name upon termination of the franchise agreement. They must also de-identify service vehicles and any office locations. Franchisees are required to cancel all registrations relating to the use of any proprietary marks, including electronic addresses, domain names, search engines, or websites that associate them with Mr. Sandless. They cannot directly or indirectly identify any premises or business as a Mr. Sandless franchise or themselves as a franchisee and must not use any of the proprietary marks or imitations thereof.
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 an undated assignment of their telephone number to Mr. Sandless upon execution of the agreement. If directed by Mr. Sandless, franchisees must make changes to their business methods and facilities to distinguish their business from a Mr. Sandless business. Franchisees must also destroy or surrender all signs, stationery, letterhead, forms, and other printed materials containing any of the proprietary marks.
Furthermore, franchisees cannot hinder Mr. Sandless from using or licensing the proprietary marks in any jurisdiction. If the franchisee is a corporation, partnership, or limited liability company, its name cannot include any portion of the proprietary marks. Franchisees also cannot use the proprietary marks as part of any website domain name without prior written consent from Mr. Sandless.