What rights of Batteries Plus Bulbs are subject to federal trademark laws?
Batteries_Plus_Bulbs Franchise · 2025 FDDAnswer from 2025 FDD Document
INTRODUCTION
- B. Franchisor is the owner of the Batteries Plus® trademark and other trademarks, domain names, service marks, logos and commercial symbols (the "Licensed Marks") used in operating the System.
6. LICENSED MARKS
- A.
Ownership And Goodwill Of Licensed Marks.
Franchisee acknowledges that Franchisee has no interest in or to the Licensed Marks and that Franchisee's right to use the Licensed Marks is derived solely from this Agreement and is limited to the conduct of business in compliance with this Agreement and all applicable specifications, standards and operating procedures that Franchisor requires during the term of the Franchise.
Franchisee agrees that its use of the Licensed Marks and any goodwill established exclusively benefits Franchisor, and that Franchisee receives no interest in any goodwill related to Franchisee's use of the Licensed Marks or the System.
Franchisee must not, at any time during the term of this Agreement or after its termination or expiration, contest or assist any other person in contesting the validity or ownership of any of the Licensed Marks.
- B.
Limitations On Franchisee's Use Of Licensed Marks.
Franchisee agrees to use the Licensed Marks as the sole identification of the Store, but Franchisee must identify himself as the independent owner in the manner Franchisor directs.
Franchisee must not use any Licensed Mark as part of any corporate or trade name or in any modified form, nor may Franchisee use any Licensed Mark in selling any unauthorized product or service or in any other manner not expressly authorized in writing by Franchisor.
Franchisee agrees to display the Licensed Marks prominently and in the manner Franchisor directs on all signs and forms.
Subject to Franchisor's rights described in this Agreement, Franchisee agrees to obtain fictitious or assumed name registrations as may be required under applicable law.
- C.
Restrictions On Internet And Website Use.
Franchisor retains the sole right to advertise the System on the Internet and to create, operate, maintain and modify, or discontinue the use of, a website using the Licensed Marks.
Source: Item 22 — Contracts (FDD page 80)
What This Means (2025 FDD)
According to the 2025 Batteries Plus Bulbs FDD, Batteries Plus, L.L.C. owns the Batteries Plus® trademark, along with other trademarks, domain names, service marks, logos, and commercial symbols, which are collectively referred to as the "Licensed Marks." Batteries Plus Bulbs grants qualified individuals the right to operate a store using their established system and Licensed Marks. As a franchisee, your right to use these Licensed Marks is solely derived from the franchise agreement, contingent upon compliance with the agreement and all standards set by Batteries Plus Bulbs. Franchisees have no independent rights to the trademarks.
Batteries Plus Bulbs retains all the benefits of any goodwill established through a franchisee's use of the Licensed Marks. Franchisees are prohibited from contesting the validity or ownership of these marks during and after the term of the agreement. Franchisees must use the Licensed Marks as the primary identification for their store, while also identifying themselves as the independent owner in a manner directed by Batteries Plus Bulbs. The agreement specifies that franchisees cannot use any Licensed Mark as part of their corporate or trade name, in any modified form, or in connection with unauthorized products or services without explicit written consent from Batteries Plus Bulbs.
Batteries Plus Bulbs maintains control over advertising the Batteries Plus Bulbs system on the Internet and has the exclusive right to create, operate, maintain, modify, or discontinue any website using the Licensed Marks. Franchisees are required to prominently display the Licensed Marks as directed by Batteries Plus Bulbs on all signs and forms. While franchisees may need to obtain fictitious or assumed name registrations as required by law, this does not grant them any ownership or rights to the Licensed Marks themselves.
In summary, the rights to the Batteries Plus Bulbs trademarks, service marks, and other identifiers (Licensed Marks) are owned and controlled by the franchisor, Batteries Plus, L.L.C. The franchisee's use of these marks is strictly governed by the franchise agreement, ensuring consistent brand representation and protecting the franchisor's intellectual property rights. This arrangement is typical in franchising, where the franchisor licenses its brand identity to franchisees while retaining ultimate control and ownership.