What is the definition of 'Proprietary Marks' in the context of a Spray Net franchise?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
hat makes the System unique as a whole; and (ii) the combined methods, information, procedures, and theories that make up the total System or are contained in the relevant manuals that are proprietary and confidential.
- C. The System and Franchised Businesses are primarily identified by the mark SPRAY-NET, as well as certain other trade names, trademarks, service marks and trade dress, all of which Franchisor may modify, update, supplement or substitute in the future (collectively, the "Proprietary Marks"). The parties agree and acknowledge that Franchisor has established substantial goodwill and business value in its Proprietary Marks, expertise, and System.
- D. Franchisor is in the business of granting qualified individuals and entities a franchise for the right to independently own and operate a single Franchised Business utilizing the Proprietary Marks and System at a location that Franchisor approves in writing.
©2025 Spray-Net Inc. 2025 Spray-Net Inc. 1
- E. Franchisee recognizes the benefits derived from being identified with Franchisor, appreciates and acknowledges the distinctive and valuable significance to the public of the System and the Proprietary Marks, and understands and acknowledges the importance of Franchisor's high and uniform standards of quality, appearance, and service to the value of the System.
- F.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, the 'Proprietary Marks' are defined as the mark SPRAY-NET, along with other trade names, trademarks, service marks, and trade dress that Spray Net may modify, update, supplement, or substitute in the future.
For a prospective franchisee, this means that the branding elements that identify the Spray Net system are protected and controlled by the franchisor. As a franchisee, you are granted the right to use these marks to operate your franchise, but Spray Net retains the right to modify them. This ensures brand consistency across all franchise locations, but it also means franchisees must adapt to any changes Spray Net makes to its branding.
Spray Net has established substantial goodwill and business value in its Proprietary Marks, expertise, and System. Franchisees recognize the benefits derived from being identified with Spray Net, appreciates and acknowledges the distinctive and valuable significance to the public of the System and the Proprietary Marks, and understands and acknowledges the importance of Spray Net's high and uniform standards of quality, appearance, and service to the value of the System.
The franchisee acknowledges that the Proprietary Marks, System, Manuals, and all other information and items delivered to Franchisee by Franchisor under this Agreement or in furtherance of the System, including without limitation, signage, video and audio tapes or disks, information communicated by electronic means, and intellectual property, are the sole and exclusive property of Franchisor. The franchisee's right to use them is contingent upon the franchisee's continued full and timely performance under this Agreement.