After termination, what proprietary marks and system-related items must a Spray Net franchisee cease using?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Upon Franchisor's request, Franchisee hereby covenants and agrees that it will affix in a conspicuous location in or upon the Premises, a sign containing the following notice: "This business is owned and operated independently by (name of franchisee) who is an authorized SPRAY-NET franchisee."
- D. Proprietary Marks are Sole Property of Franchisor.
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
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, franchisees must discontinue using all proprietary marks and system-related items after the franchise agreement expires or terminates. This includes, but is not limited to, the Spray-Net name, trademarks, service marks, and trade dress that identify the System and Franchised Businesses. Franchisees are required to operate and advertise their Spray Net business only under the proprietary marks authorized by Spray Net, as specified in the franchise agreement or manuals.
Spray Net franchisees must maintain and display signage and advertising that reflects the current commercial image of the Spray Net system. Upon notification from Spray Net, franchisees must immediately discard and cease using any proprietary marks or other imagery that has become obsolete or is no longer authorized. This ensures that all Spray Net businesses maintain uniform standards of quality and service, protecting the reputation and goodwill of the Spray Net brand.
The franchise agreement specifies that the franchisee's right to use Spray Net's proprietary marks, system, manuals, and all other information and items provided by Spray Net is contingent upon the franchisee's full and timely performance under the agreement. Franchisees acknowledge that they acquire no rights, interests, or claims to any of Spray Net's property, except for the right to use them during the term of the agreement and strictly as prescribed. This obligation extends beyond the agreement's term, preventing franchisees from contesting Spray Net's proprietary rights or using confusingly similar marks in any business after the franchise agreement ends.