What are the 'Proprietary Marks' that identify Spray Net businesses?
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. Franchisee desires to acquire a non-exclusive franchise for the right to operate a single Franchised Business, and has submitted an application to obtain such a franchise from Franchisor.
- G. Franchisor is willing to grant Franchisee the right to operate a Franchised Business based on the representations contained in the franchise application and subject to the terms and conditions within this Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows:
1. PREAMBLES, ACKNOWLEDGEMENTS AND REPRESENTATIONS OF FRANCHISEE
- A.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, 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. Spray Net may modify, update, supplement or substitute these marks in the future. These identifiers are collectively known as the "Proprietary Marks".
Spray Net has established substantial goodwill and business value in its Proprietary Marks, expertise, and System. As a franchisee, you recognize the benefits derived from being identified with Spray Net and acknowledge the distinctive and valuable significance to the public of the System and the Proprietary Marks. You also understand the importance of Spray Net's high and uniform standards of quality, appearance, and service to the value of the System.
As a Spray Net franchisee, you acknowledge that the Proprietary Marks, System, Manuals, and all other information and items delivered to you by Spray Net are the sole and exclusive property of Spray Net. Your right to use these marks is contingent upon your continued full and timely performance under the Franchise Agreement. You acquire no rights, interests, or claims to any of said property, except for your rights to use the same under the Agreement for the term hereof and strictly in the manner prescribed.
You agree not to contest or challenge Spray Net's sole and exclusive proprietary rights to the Proprietary Marks, System, Manuals, and other information. You also agree not to 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 the Franchise Agreement.