Can a Spray Net franchisee claim any proprietary interest in the Proprietary Marks?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
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, and Franchisee's right to use the same are contingent upon Franchisee's continued full and timely performance under this Agreement.
Franchisee acknowledges it acquires no rights, interests, or claims to any of said property, except for Franchisee's rights to use the same under this Agreement for the term hereof and strictly in the manner prescribed.
Franchisee agrees that it will not, during the term of this Agreement or any time
thereafter, contest or challenge the sole and exclusive proprietary rights of Franchisor (and, if appropriate, Franchisor's affiliates) to the Proprietary Marks, System, Manuals, and other information, intellectual property, and items delivered or provided or to which Franchisee obtains access under this Agreement, nor shall Franchisee claim any proprietary interest in such property. Franchisee agrees that it will not adopt, display, attempt to register or otherwise use any names, marks, insignias, or symbols in any business that are or may be confusingly similar to the Proprietary Marks licensed under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, franchisees cannot claim any proprietary interest in the Proprietary Marks. The FDD states that the Proprietary Marks, System, Manuals, and all other information and items are the sole and exclusive property of Spray Net. The franchisee's right to use these marks is contingent upon their performance under the franchise agreement.
Spray Net franchisees acknowledge that they acquire no rights, interests, or claims to any of Spray Net's property, except for the right to use them under the agreement's terms. This right is limited to the term of the agreement and must be strictly in the manner prescribed by Spray Net.
Furthermore, franchisees agree not to contest or challenge Spray Net's exclusive rights to the Proprietary Marks, System, Manuals, and other intellectual property. They are also prohibited from adopting or using any names, marks, or symbols that are confusingly similar to the Proprietary Marks licensed under the agreement. This ensures that the brand's identity and trademarks remain solely under the control of Spray Net, protecting its brand integrity and market position.