Are there any pending material litigations involving the Mr. Sandless Proprietary Marks?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, or any trademark administrator or court in any state or province relating to any of the Proprietary Marks. There is no litigation, infringement, opposition or cancellation proceeding or pending material litigation involving the Proprietary Marks. We do not know of any superior or prior rights or infringing uses that could materially affect your use of the Proprietary Marks in any state.
The Franchise Agreement does not grant you any ownership rights to any of our Proprietary Marks, trade names, copyrighted materials or trade secrets. The license applies only to those Proprietary Marks, trade names, copyrighted materials and trade secrets which are designated by us. You may not represent to others or conduct yourself in any way that might indicate that you have any other rights in our Proprietary Marks, trade names, copyrighted materials or trade secrets.
You may not do anything to damage or contest or dispute any of our rights to the Proprietary Marks, trade names, copyrighted materials and/or trade secrets. You must use and display the Proprietary Marks, trade names and use the copyrighted materials and trade secrets in accordance with the specifications set forth in the Manual.
You may not use the Proprietary Marks, trade names, copyrighted materials, or trade secrets, or any similar words, in your trade name. You must identify yourself and your Business as an independent contractor using the language we specify.
We do not know of either superior prior rights or infringing uses that could materially affect your use of the Proprietary Marks.
If you learn of any actual or potential claim against you or us relating to the use of the Proprietary Marks, trade names, or copyrighted materials, you must promptly notify us. We have the discretionary right to take any action we deem necessary to address any claim. We have the discretionary right to defend, compromise or settle any claim using attorneys of our own choosing and you must cooperate fully with us. We will protect, defend and indemnify you in connection with the claim unless the claim arises out of or relates to your use of the Proprietary Marks, trade names, and copyrighted materials in violation of the Franchise Agreement, the Manual or otherwise.
Source: Item 13 — TRADEMARKS (FDD pages 26–28)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, there is no litigation, infringement, opposition or cancellation proceeding or pending material litigation involving the Proprietary Marks. Additionally, Mr. Sandless does not know of any superior or prior rights or infringing uses that could materially affect a franchisee's use of the Proprietary Marks in any state.
However, the Franchise Agreement does not grant franchisees any ownership rights to any of Mr. Sandless's Proprietary Marks, trade names, copyrighted materials or trade secrets. The license applies only to those Proprietary Marks, trade names, copyrighted materials and trade secrets which are designated by Mr. Sandless. Franchisees may not represent to others or conduct themselves in any way that might indicate that they have any other rights in Mr. Sandless's Proprietary Marks, trade names, copyrighted materials or trade secrets.
Mr. Sandless reserves the right to change or discontinue the use of any mark, name, symbol or other corporate identification. If this occurs, franchisees must conform to the change at their own expense, and Mr. Sandless is not required to reimburse any costs incurred related to a change in any Proprietary Mark. If a franchisee learns of any actual or potential claim against them or Mr. Sandless relating to the use of the Proprietary Marks, trade names, or copyrighted materials, they must promptly notify Mr. Sandless. Mr. Sandless has the discretionary right to take any action deemed necessary to address any claim and will protect, defend and indemnify the franchisee in connection with the claim unless the claim arises out of or relates to the franchisee's use of the Proprietary Marks, trade names, and copyrighted materials in violation of the Franchise Agreement, the Manual or otherwise.