What rights does a Mr. Sandless franchisee have regarding the use of indicia of origin?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
11.7 Other Covenants
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.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, a franchisee is granted a nonexclusive franchise to operate one Mr. Sandless business within a designated territory, which gives them the right to use the Mr. Sandless System and Proprietary Marks. The franchisee's use of the Proprietary Marks is subject to several restrictions and conditions outlined in the franchise agreement. Mr. Sandless retains the right to distribute products using the Proprietary Marks through alternative channels such as home improvement stores or the internet, and the franchisee has no rights to the proceeds from these sales. The franchisee cannot hinder Mr. Sandless from licensing the Proprietary Marks and needs written consent to use these marks in a website domain name.
Upon termination of the franchise agreement, the franchisee must immediately discontinue all advertising under the Mr. Sandless name, de-identify service vehicles and office locations, and cancel registrations related to the Proprietary Marks. They must also transfer telephone numbers and listings associated with the marks to Mr. Sandless or a new franchisee. Mr. Sandless retains sole rights to social media accounts, email addresses, and telephone numbers associated with the Proprietary Marks.
These stipulations ensure that Mr. Sandless maintains control over its brand and system, even after a franchise agreement ends. This is a common practice in franchising to protect brand uniformity and goodwill. Prospective franchisees should be aware that their rights to use the Mr. Sandless marks are limited to the duration of the agreement and within the specific terms outlined, and that Mr. Sandless retains significant control over the use of its brand assets.