Does any currently effective litigation affect Basecamp Fitness's use or ownership rights in any mark?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, any pending infringement, opposition or cancellation proceedings or any pending material litigation involving any of our Marks which are relevant to the use of these Marks. No currently effective litigation affects our use or ownership rights in any Mark. All affidavits required to preserve and renew these Marks have been or will be filed. No currently effective agreement limits our right to use or license the use of our Marks.
Source: Item 13 — TRADEMARKS (FDD pages 48–50)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, there is no currently effective litigation that affects their use or ownership rights in any mark. However, the FDD indicates that while Basecamp Fitness has a federal trademark registration for the word mark "Basecamp", they do not have a federal trademark registration for "Basecamp Fitness" as a unitary word mark. This could mean that the mark may not have as many legal benefits and rights as a federally-registered trademark.
If a franchisee's right to use the mark is challenged, they may have to change to an alternative mark, which may increase their expenses. Basecamp Fitness states that they will protect and maintain all rights to use their Marks against encroachment, misuse or unauthorized use and against all challenges to any rights of its use, as they deem appropriate. Franchisees must notify Basecamp Fitness immediately when they learn about an infringement of or challenge to their use of the Marks.
Basecamp Fitness may take the action necessary, in their sole discretion, to prevent the unauthorized use of their Marks, including bringing actions against third parties regarding the use of any of their Marks, but the Franchise Agreement does not require them to take any specific affirmative action. Basecamp Fitness will control any administrative proceedings or litigation involving their Marks. Franchisees must cooperate with Basecamp Fitness and take all actions as may be desirable in the opinion of their counsel to carry out the defense or prosecution.
While Basecamp Fitness is not required to defend a franchisee against a claim based on their use of the Marks, they will either do so, or they will reimburse the franchisee for their liability as long as they properly use their Marks, including against claims of infringement or unfair competition arising out of the use of the Marks. Basecamp Fitness may change their Marks and require franchisees to adopt new Marks as if they were part of the Franchise Agreement at the time of its execution. Franchisees must comply with these changes immediately at their expense after Basecamp Fitness notifies them that they have discontinued, modified or changed one or more of their Marks. Basecamp Fitness will have no liability or obligation because of the discontinuation, modification or change.