What is the relationship between the Pearce Bespoke franchisee's obligations (Item 9) and the use of the Pearce Bespoke trademarks (Item 13)?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee will execute any document required by Franchisor to transfer or assign any such improvements relating to the Marks and the Business System to Franchisor.
B. Use.
Franchisee's right to use and identify with the Marks and Business System applies only to the operation of the Pearce Bespoke Franchise within the Franchised Territory and exists concurrently with the term of this Agreement and only so long as Franchisee is in complete compliance with Franchisor's quality and operating standards. Franchisee will have the right to use the Marks and Business System only in the manner Franchisor directs and approves in writing. Franchisee will not have or acquire any rights in any of the Marks or Business System other than the right of use as governed by this Agreement. If, in the judgment of Franchisor, Franchisee's acts infringe upon or harm the goodwill, standards of uniformity or quality, or business standing associated with the Marks and Business System, Franchisee will immediately, upon written notice from Franchisor, modify or discontinue its use of the Marks and Business System in the manner Franchisor directs in writing. Franchisee will not, during or after the term of this Agreement, do anything directly or indirectly which would infringe upon, harm, mislead, or contest Franchisor's rights in the Marks or Business System, or the goodwill associated with the Marks or the Business System. Franchisee cannot advertise any liquidation or going-out-of-business sales or similar types of activity.
C. Promotion.
Franchisee will operate the Pearce Bespoke Franchise so that it is clearly identified and advertised as a Pearce Bespoke Franchise. The style, form, and use of the words "Pearce Bespoke" in any advertising, written materials, or supplies must, however, have Franchisor's prior written approval, which approval will not be unreasonably withheld. Franchisee will use the name "Pearce Bespoke" and the other Marks which now or hereafter may form a part of the Business System, on all paper supplies, business cards, letterhead, envelopes, uniforms, advertising materials, signs or other articles in the identical combination and manner as Franchisor may require in writing. Franchisee will comply with all trademarks, trade name, service mark, and copyright notice marking requirements.
D. Identity.
Franchisee will not use the words "Pearce Bespoke" in its corporate or partnership name. Franchisee will clearly indicate on its business checks, purchase orders, business cards, receipts, promotional materials, and other written materials that Franchisee is the owner of the Pearce Bespoke Franchise, and that Franchisee is a Pearce Bespoke franchisee. Franchisee will display a sign which is clearly
visible to the general public indicating that the Pearce Bespoke Franchise is independently owned and operated.
E. Substitutions.
If at any time Franchisor determines it advisable or necessary, Franchisee will, upon receiving written notice from the Franchisor, immediately, at is expense, make such changes and amendments or discontinuation of or to any or all of the Marks as Franchisor may require. Franchisee will not make any changes, amendments, or discontinuations of or to the use of any of the Marks and Business System unless directed by Franchisor in writing.
F. Litigation.
Franchisee will not, without Franchisor's prior written consent, defend, or enforce any of the Marks in any court or other proceedings for or against imitation, infringement, any claim of prior use, or for any other allegation. Franchisee will, however, immediately notify Franchisor of any claims or complaints made against Franchisee respecting the Marks and will, at its expense, cooperate in all respects with Franchisor in any court or other proceedings involving the Marks.
What This Means (2025 FDD)
According to the 2025 Pearce Bespoke Franchise Disclosure Document, a franchisee's right to use Pearce Bespoke's trademarks and business system is contingent upon their compliance with the franchisor's quality and operating standards. The franchisee's right to use the trademarks applies only to the operation of their Pearce Bespoke franchise within their designated territory and only for the duration of the Franchise Agreement, provided they remain in full compliance with Pearce Bespoke's standards. The franchisee must use the trademarks and business system in the manner that Pearce Bespoke directs and approves in writing. The franchisee does not acquire any rights in the trademarks or business system beyond the right of use as defined by the Franchise Agreement.
Pearce Bespoke retains the authority to direct how the franchisee uses the trademarks and business system. If Pearce Bespoke determines that the franchisee's actions are harming the goodwill, uniformity, quality, or business standing associated with the trademarks and business system, the franchisee must immediately modify or discontinue their use of the trademarks and business system as directed by Pearce Bespoke in writing. The franchisee is prohibited from taking any action that could infringe upon, harm, mislead, or contest Pearce Bespoke's rights in the trademarks or business system, both during and after the term of the Franchise Agreement.
The franchisee is obligated to operate their Pearce Bespoke franchise in a way that clearly identifies and advertises it as a Pearce Bespoke franchise. All advertising, written materials, and supplies must have Pearce Bespoke's prior written approval regarding the style, form, and use of the words "Pearce Bespoke." The franchisee must use the name "Pearce Bespoke" and other trademarks that are part of the business system on all paper supplies, business cards, letterhead, envelopes, uniforms, advertising materials, signs, and other articles in the exact combination and manner required by Pearce Bespoke in writing. The franchisee must also comply with all trademark, trade name, service mark, and copyright notice marking requirements.
Pearce Bespoke will include the franchisee in the Pearce Bespoke Franchise location section of Franchisor's website www.pearcebespoke.com at no charge as part of Franchisee's marketing fund. The franchisee is required to have a Pearce Bespoke Franchise website and will pay all expenses associated with the development and operation of the website for Franchisee's individual Pearce Bespoke Franchise. The franchisee's general conduct on the internet and specifically its use of the Marks on the internet (including the domain name and any other Marks Franchisor may develop as a result of participation on the internet) will be subject to the provisions of this Agreement and regulated by the Internet Code of Conduct or similar document.