Article 3. TRADEMARKS, SERVICE MARKS, TRADE NAMES, LOGOTYPES, AND COMMERCIAL SYMBOLS
3.1 Federal Trademark Registration for Freakie Fries has been applied for but not yet granted. I grant to you the right to operate and use one location featuring the “Freakie Fries TM” trademark as well as other service and trade mark designs that I may develop for your business at your chosen site. Should the case arise where some modification of the trade name is necessary, to comply with federal requirements, this agreement will carry over to the modified name also.
3.2 Restrictions on Use. You are restricted to use the name and service marks in your “d/b/a” in such a format and with such suffix as the law and/or we may from time to time designate including such designation as “Freakie FriesTM” of_____________ (name of city, town or county where you are is located).
3.3 Fictitious Name Filing and Presently Effective Determinations of the Trademark Administrator. You are required to file the necessary fictitious name affidavit applicable to your county or state. You cannot use our trademarks or service marks in your corporate or business trade name.
3.4 Trademark Protection. The Association is not required to protect you against claims of infringement or unfair competition arising out of the use of our trademarks, service marks or logos or defend you in any legal action arising there from. However, We will take such action that we think is appropriate under the circumstances provided you have promptly notified us in writing of the facts of such claims or challenges and if you have used such service mark, trademarks or logos in strict accordance with the provisions of the franchise agreement and all rules, regulations, directives and procedures provided by me. We may take over the defense of the action at any time if we initially declined to take over the defense. All defense costs shall be borne by the Freakie Fries Franchise Association. There will be a 'Trademark Defense Fund' for this.
3.5 Control of Actions and Service Mark Usage. I along with the Association, alone have the sole right to control any legal actions or proceedings including settlements involving service mark infringement or unfair competition against you or against others using our marks without our permission. We may, at our sole discretion, prosecute or defend any infringements or unfair competition involving our marks or any other actions or proceedings which we deem necessary or desirable for the protection of our service marks, trademarks or logos and you agree not to contest my right, title or interest in such marks and logos. If it becomes advisable at any time to modify or discontinue the use of any such logos, names or marks or institute the use of one or more additional or substituted names or marks, all costs of changing your necessary signs, stationery and ad copy shall be your obligation.