Besides federal rights, what other rights does Precision Door Service claim to their Marks?
Precision_Door_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition to the Federal rights that apply to use of the registered Marks above, we claim common law rights, based on our use of the Marks, to all of our Marks. There may be areas, however, in which a third party has prior common law rights to the use of one of our Marks. If you propose to operate a franchise in one of those areas, we may attempt to obtain exclusive use of that Mark, or, in the alternative, we may designate and grant you permission to utilize a different proprietary mark. There may be other instances in which we may elect to use, or require you to use, a different proprietary mark in a market,
region or systemwide. In any instance in which we require you to use a different proprietary mark, you must, at your expense, comply with our designation and use, or change your use to the designated mark. You must modify or discontinue the use of a Mark, at your expense, if we direct. If we direct, you must adopt or use one or more additional or substituted Marks.
Source: Item 13 — Trademarks (FDD pages 68–70)
What This Means (2025 FDD)
According to the 2025 FDD, in addition to federal rights, Precision Door Service claims common law rights to all of its Marks, based on its usage of those Marks. This means that Precision Door Service believes it has rights to its trademarks even beyond the formal federal registrations, stemming from the actual use of those marks in commerce.
However, the FDD also notes that there may be areas where a third party has prior common law rights to use one of Precision Door Service's Marks. In such cases, Precision Door Service may try to obtain exclusive use of the Mark or allow the franchisee to use a different proprietary mark. The FDD states that Precision Door Service may elect to use, or require the franchisee to use, a different proprietary mark in a market, region, or systemwide. If Precision Door Service requires a franchisee to use a different proprietary mark, the franchisee must comply with this change at their own expense.
This has a few implications for a prospective Precision Door Service franchisee. First, it's important to recognize that Precision Door Service's trademark rights are not absolute and may be subject to prior rights of third parties in certain areas. Second, franchisees may be required to use a different proprietary mark than the standard Precision Door Service mark in certain situations, and they will bear the costs of making this change. Finally, franchisees are obligated to notify Precision Door Service immediately if they learn of any infringement or challenge to the use of Precision Door Service's Marks and must cooperate in the defense of any claim.