Who owns the Proprietary Marks licensed to Spray Net franchisees?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
The Proprietary Marks are owned by SN Quebec and are licensed exclusively to us and our Affiliate, which has granted us an exclusive, royalty-free license ("Trademark License") to use the Marks for purposes of franchising the System around the world. The Trademark License extends perpetually provided we are not in default or do not materially breach the Trademark License by engaging in any activity which damages the Marks or the goodwill of the System. In the event the Trademark License is terminated, our Franchisees will continue to be able to use the Proprietary Marks until such time as each Franchise Agreement expires or is otherwise terminated.
You must strictly comply with our standards, policies, specifications, rules, requirements, and instructions regarding the use of the Proprietary Marks. The goodwill associated with our Proprietary Marks will remain our exclusive property, and you will receive no tangible benefit from our goodwill, except from the operation or possible sale of the Franchised Business during the term of the Franchise Agreement. Any increase in the goodwill associated with our Proprietary Marks during the term of the Franchise Agreement will benefit us. All rights to use our Proprietary Marks will automatically revert to us without cost and without the execution or delivery of any documents, upon the expiration or termination of the Franchise Agreement.
You may not use all or any portion of our Proprietary Marks as part of your company name and, without our prior written consent, as part of your trade name. You may not modify the Proprietary Marks in any manner, including with words, designs or symbols, except those which we license to you. You may not use our Proprietary Marks in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by us. During the term of the Franchise Agreement and continuing after the expiration or termination of the Franchise Agreement, neither you nor any of your managers will, directly or indirectly, contest, challenge or assist in the contesting or challenging of, our right, title, ownership, or interest in our Proprietary Marks, trade secrets, methods, procedures, and advertising techniques that are part of our
Source: Item 13 — TRADEMARKS (FDD pages 52–53)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, the Proprietary Marks are owned by SN Quebec. SN Quebec licenses these marks exclusively to Spray Net and its affiliate. Spray Net then grants franchisees a non-exclusive license to use these Proprietary Marks in connection with their franchised business.
Spray Net has an exclusive, royalty-free license from SN Quebec to use the marks for franchising the Spray Net system worldwide. This license extends perpetually, provided Spray Net is not in default or does not materially breach the Trademark License by engaging in activities that damage the marks or the goodwill of the system. Even if the Trademark License is terminated, Spray Net franchisees can continue using the Proprietary Marks until their Franchise Agreement expires or is terminated.
Spray Net franchisees must adhere strictly to Spray Net's standards and policies regarding the use of the Proprietary Marks. The goodwill associated with the Proprietary Marks remains the exclusive property of Spray Net. Franchisees receive no tangible benefit from this goodwill, except through the operation or sale of their franchised business during the term of the Franchise Agreement. Any increase in goodwill during the Franchise Agreement term benefits Spray Net. All rights to use the Proprietary Marks automatically revert to Spray Net upon expiration or termination of the Franchise Agreement, without any cost or documentation required.
Franchisees cannot use any portion of Spray Net's Proprietary Marks as part of their company name or trade name without prior written consent. They also cannot modify the Proprietary Marks in any way, except as licensed by Spray Net. Franchisees are prohibited from using the Proprietary Marks in connection with unauthorized products or services or in any manner not authorized in writing by Spray Net. During and after the Franchise Agreement term, franchisees and their managers cannot contest Spray Net's rights to the Proprietary Marks.