What rights does Batteries Plus Bulbs have under federal trademark laws?
Batteries_Plus_Bulbs Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
D. Rights Reserved To Franchisor. Franchisor (for itself and its affiliates) retains the right:
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- to itself operate, and to grant other persons the right to locate and operate, Batteries Plus® stores at locations outside the Protected Area (except to the extent Franchisor may be restricted under a separate Batteries Plus® Multiple Unit Franchise Agreement or Franchise Agreement to which Franchisee is a party);
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- to sell the products and services authorized for sale at Batteries Plus® stores under trademarks and service marks other than the Licensed Marks through similar or dissimilar channels of distribution;
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- subject to Franchisee's limited rights respecting Qualified E-Commerce Transactions as further described in Section 2(C) above, to sell the products and services authorized for sale at Batteries Plus® stores under the Licensed Marks through dissimilar channels of distribution (i.e., other than the operation of full-service retail Batteries Plus® stores), including by electronic means such as the Internet and by websites established by Franchisor, and pursuant to conditions Franchisor deems appropriate within and outside the Protected Area;
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.
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 Bulbs 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." These marks are used in the operation of the Batteries Plus Bulbs system. Batteries Plus Bulbs grants qualified individuals the right to operate a Batteries Plus Bulbs store using this system.
Batteries Plus Bulbs retains specific rights regarding the use of their trademarks. They can operate Batteries Plus Bulbs stores or grant others the right to do so outside a franchisee's protected area. They also have the right to sell products and services under different trademarks through various channels of distribution. Additionally, Batteries Plus Bulbs can sell products and services under the Licensed Marks through other channels besides full-service retail stores, including online platforms, and can advertise the system on the Internet, maintaining and modifying their websites using the Licensed Marks.
Batteries Plus Bulbs also restricts the franchisee's use of the Licensed Marks. Franchisees must use the Licensed Marks as the sole identification of their store, identifying themselves as the independent owner as directed by Batteries Plus Bulbs. Franchisees cannot use any Licensed Mark as part of their corporate or trade name, in any modified form, or in selling unauthorized products or services. They must display the Licensed Marks prominently as instructed by Batteries Plus Bulbs and are required to obtain fictitious or assumed name registrations as necessary under applicable law. Batteries Plus Bulbs retains the exclusive right to advertise the system online and manage any websites using the Licensed Marks.
These trademark rights and usage limitations are crucial for maintaining brand consistency and controlling the distribution channels, ensuring that Batteries Plus Bulbs can manage its brand effectively while allowing franchisees to operate under its established identity. A prospective franchisee should understand these rights and limitations to ensure compliance and avoid potential conflicts with Batteries Plus Bulbs.