Does the Mr. Sandless System include trade dress?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
The distinguishing characteristics of our System include proprietary operating procedures, proprietary products, trade dress, and standards and specifications for products and services, as periodically amended in our sole discretion (the "System").
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, the Mr. Sandless system incorporates trade dress as one of its distinguishing characteristics. The franchise agreement specifies that the 'System' includes proprietary operating procedures, proprietary products, trade dress, and standards and specifications for products and services. This means that the overall visual appearance and branding elements associated with Mr. Sandless are part of the franchised system.
As a Mr. Sandless franchisee, you are licensed to use the trade dress as part of operating your business. However, you must adhere to Mr. Sandless's standards and specifications for the trade dress. Mr. Sandless retains the right to amend these standards at their discretion, so franchisees need to stay updated on any changes to maintain uniformity across all Mr. Sandless businesses.
If a franchisee's agreement with Mr. Sandless is terminated, the franchisee must discontinue all advertising under the Mr. Sandless name and de-identify any service vehicles or office locations to effectively distinguish the business from a Mr. Sandless franchise. This includes removing all signs, stationery, letterhead, and other printed materials containing the proprietary marks. This ensures that the trade dress is exclusively associated with active Mr. Sandless franchisees and protects the brand's identity.