Who owns the Alloy trademark that is licensed for use in connection with operating an Alloy facility?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
RECITALS
- A. We and our affiliates have developed a business offering personal training in a group setting delivered by certified instructors under the name "ALLOY";
- B. Our affiliate Alloy Personal Training Solutions, LLC ("Affiliate") owns the ALLOY Trademark and other trademarks ("Trademarks" as defined below) and has licensed to us the right to sublicense the Trademarks used in connection with the operation of an ALLOY facility;
- D. You desire to develop and operate an ALLOY facility; and
- E. We have agreed to grant you a franchise subject to the terms and conditions of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, the Alloy trademark is owned by Alloy Personal Training Solutions, LLC, which is identified as an affiliate of the franchisor. The franchisor has been granted the right to sublicense the trademarks for use in connection with the operation of an Alloy facility.
This means that while franchisees are permitted to use the Alloy trademark to operate their facilities, they do so under a license granted by the franchisor. Alloy Personal Training Solutions, LLC, as the owner of the trademark, retains ultimate control over its use and protection. Franchisees must adhere to the franchisor's standards and requirements regarding trademark usage, as outlined in the franchise agreement and operations manual.
Prospective franchisees should understand that their right to use the Alloy trademark is contingent upon complying with the terms of the franchise agreement. Any unauthorized or improper use of the trademark could result in a breach of contract and potential legal action. Franchisees also have a responsibility to notify the franchisor of any potential infringements or challenges to the trademark's use. The franchisor or its affiliate has the sole right to direct and control any legal proceedings related to the trademarks, including settlements.
In summary, while franchisees benefit from using the established Alloy trademark, they do not own it. Ownership resides with Alloy Personal Training Solutions, LLC, ensuring brand consistency and quality control across all franchised locations. Franchisees should carefully review the franchise agreement and operations manual to fully understand their rights and obligations regarding trademark usage.