What is the Spray Net franchisee's understanding of the Proprietary Marks' significance?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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 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.
Franchisee agrees not to make any changes or amendments whatsoever in or to the use of the Proprietary Marks unless directed by Franchisor in writing.
Franchisee understands and agrees that its right to use the Proprietary Marks is non-exclusive, that Franchisor in its sole discretion has the right to grant licenses to others to use the Proprietary Marks and obtain the benefits of the System in addition to the licenses and rights granted to Franchisee under this Agreement, and that Franchisor may develop and license other trademarks or service marks in conjunction with systems other than the System on any terms and conditions as Franchisor may deem advisable where Franchisee will have no right or interest in any such other trademarks, licenses, or systems.
Franchisee shall not use the Proprietary Marks as part of Franchisee's corporate or any other business name, domain name, e-mail address or any social media or social networking profile/page;
Franchisee acknowledges that the use of the Proprietary Marks outside the scope of this license without Franchisor's prior written consent is an infringement of Franchisor's exclusive right to use the Proprietary Marks and, during the term of this Agreement and after the expiration or termination hereof, Franchisee covenants not to directly or indirectly commit an act of infringement, contest or aid in contesting the validity or ownership of Franchisor's Proprietary Marks, or take any other action in derogation thereof.
Maintain and display signage and advertising bearing the Proprietary Marks that reflects the current commercial image of the System and, upon notice from Franchisor, to immediately discard and cease use of Proprietary Marks or other imagery that has become obsolete and no longer authorized by Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, franchisees recognize the value and importance of the Spray Net Proprietary Marks and System. Franchisees understand that the Proprietary Marks are valuable to the public and acknowledge the importance of maintaining Spray Net's standards for quality, appearance, and service. They also acknowledge that the Proprietary Marks, System, Manuals, and all other information provided by Spray Net are the sole property of the franchisor. Franchisees' rights to use these marks are contingent upon their full and timely performance under the franchise agreement.
Spray Net franchisees agree not to contest the franchisor's rights to the Proprietary Marks and related intellectual property. They cannot adopt or use any names, marks, or symbols that are confusingly similar to Spray Net's Proprietary Marks. Franchisees also understand that their right to use the Proprietary Marks is non-exclusive, meaning Spray Net can grant licenses to others and develop other trademarks or service marks. Franchisees cannot use the Proprietary Marks as part of their corporate or business name, domain name, email address, or social media profiles.
Spray Net franchisees must maintain and display signage and advertising that reflects the current commercial image of the Spray Net system. They must also discard any obsolete Proprietary Marks or imagery upon notice from Spray Net. Franchisees agree not to make any changes to the use of the Proprietary Marks unless directed by Spray Net in writing. Unauthorized use of the Proprietary Marks is considered an infringement of Spray Net's rights, and franchisees agree not to commit any act of infringement or contest the validity or ownership of the marks.