Are there any currently effective material determinations of the USPTO relating to any of the Mr. Sandless Proprietary Marks?

According to Mr. Sandless's 2025 Franchise Disclosure Document, there are no currently effective material determinations from the USPTO (United States Patent and Trademark Office), the Trademark Trial and Appeal Board, or any trademark administrator or court that relate to the Mr. Sandless Proprietary Marks. Additionally, there is no current litigation, infringement, opposition, cancellation proceeding, or pending material litigation involving these marks. Mr. Sandless is also unaware of any superior or prior rights or infringing uses that could materially affect a franchisee's use of the Proprietary Marks in any state. This indicates that the trademarks are in good legal standing, which reduces potential legal risks for franchisees.

For a prospective Mr. Sandless franchisee, this means that the brand's trademarks are not currently subject to any adverse legal rulings or disputes that could limit their ability to use the marks. The absence of known prior rights or infringing uses suggests that franchisees should be able to operate under the Mr. Sandless name without facing immediate legal challenges related to trademark infringement.

However, the Franchise Agreement does not grant franchisees any ownership rights to the Proprietary Marks, trade names, copyrighted materials, or trade secrets. Franchisees are only licensed to use these assets as designated by Mr. Sandless and must adhere to the specifications outlined in the Manual. Franchisees are prohibited from taking any actions that could damage or dispute Mr. Sandless's rights to these assets and must promptly notify Mr. Sandless of any potential claims related to their use.

Mr. Sandless retains the right to control any legal actions related to the Proprietary Marks and will protect, defend, and indemnify franchisees in connection with claims, unless the claim arises from the franchisee's violation of the Franchise Agreement or Manual. Franchisees must also notify Mr. Sandless of any unauthorized use of the Proprietary Marks, but they have no right to take independent action regarding such unauthorized use. Mr. Sandless also reserves the right to change or discontinue the use of any mark, name, symbol, or other corporate identification, and franchisees must conform to such changes at their own expense.