What is Precision Door Service's obligation regarding affidavits and renewals for their principal trademarks?
Precision_Door_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
Required affidavits and renewals for the registrations for our principal trademarks have been filed when due. 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 Precision Door Service's 2025 Franchise Disclosure Document, the company states that it files required affidavits and renewals for the registrations of its principal trademarks when they are due. This indicates that Precision Door Service is proactive in maintaining the legal standing of its trademarks with the United States Patent and Trademark Office (USPTO). This is a standard practice among franchisors to protect their brand identity.
In addition to federal rights, Precision Door Service claims common law rights to all of its marks based on their usage. However, the FDD acknowledges that third parties might have prior common law rights in certain areas. If a franchisee proposes to operate in such an area, Precision Door Service may try to obtain exclusive use of the trademark or allow the franchisee to use a different proprietary mark. The franchisee is responsible for complying with Precision Door Service's trademark usage guidelines and must modify or discontinue the use of a mark at their own expense if directed by the franchisor.
Prospective franchisees should be aware that they are obligated to use the designated marks and must follow Precision Door Service's instructions for maintaining trade name or fictitious name registrations. Franchisees cannot contest the validity or ownership of Precision Door Service's trademarks. They must also notify Precision Door Service immediately if they become aware of any infringement or challenges to the use of the marks. While Precision Door Service has the right to control the defense of any claim, they are not obligated to protect the franchisee's rights to use the marks, although they will indemnify the franchisee for liability and reasonable costs if there is a challenge to their authorized use of the marks, provided the franchisee cooperates in the defense.