What standards must a Spray Net franchisee strictly comply with regarding the use of Proprietary Marks?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
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, franchisees must adhere to specific standards when using the company's Proprietary Marks. Spray Net requires franchisees to strictly comply with its standards, policies, specifications, rules, requirements, and instructions regarding the use of the Proprietary Marks. These marks, including the principal mark SPRAY-NET, are licensed for use solely in connection with the franchised business as authorized in the Franchise Agreement, manuals, or in writing by Spray Net. The company maintains control over how its marks are used to ensure brand consistency and protect its trademarks. Franchisees cannot use the Proprietary Marks as part of their company name or trade name without prior written consent. They are also prohibited from modifying the marks in any manner, including adding unauthorized words, designs, or symbols.
Spray Net also restricts the use of its Proprietary Marks in connection with the sale of unauthorized products or services or in any manner not explicitly authorized in writing. This ensures that the brand is not associated with offerings that do not meet Spray Net's standards. The goodwill associated with the Proprietary Marks remains the exclusive property of Spray Net, and any increase in goodwill during the Franchise Agreement benefits the company. Upon expiration or termination of the Franchise Agreement, all rights to use the Proprietary Marks automatically revert to Spray Net.
Furthermore, franchisees and their managers are prohibited from contesting or challenging Spray Net's rights to its Proprietary Marks, trade secrets, methods, procedures, and advertising techniques, both during and after the term of the Franchise Agreement. Franchisees must also immediately notify Spray Net in writing if they become aware of any unauthorized use of the Proprietary Marks and allow Spray Net to participate in any related litigation. If Spray Net modifies or discontinues a trademark, franchisees are responsible for the tangible costs of compliance, such as changing signage and promotional materials, without reimbursement from Spray Net. These stipulations ensure the protection and proper use of Spray Net's brand identity and intellectual property.