Does the Belocal franchise agreement grant the franchisee a license to use the Marks and Copyrighted Materials?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor hereby grants Franchisee a limited license to use the Marks and Copyrighted Materials designated by Franchisor, solely for the purpose of operating, advertising, and promoting the Franchised Business, as contemplated by this Agreement. Franchisee further expressly agrees that:
- A. Franchisor is the lawful owner or licensee of the Marks and the Copyrighted Materials. Franchisee's interest in the Marks and the Copyrighted Materials is solely that of a licensee, and all goodwill attributable to the use of the Marks with respect to the Franchised Business shall accrue to the benefit of Franchisor. Franchisee disclaims any proprietary interest in any of the Marks and the Copyrighted Materials.
- B. Franchisee shall not use the name of any N2 publication or any of Franchisor's Marks or trade names, including the specific Marks "BELOCAL," "N2," "N2 Publishing," "Hyport Digital," or any abbreviation, acronym, or variation of those words as part of Franchisee's name, as part of any business entity in which Franchisee owns or holds an interest, or as part of any Online Presence (including any Internet, Web address, or email domain name or URL). Franchisee must submit to Franchisor for approval, in writing, Franchisee's proposed entity name, and Franchisee shall not name its entity using any name that is not approved by Franchisor.
- C. Franchisee shall use the Marks in the precise form that Franchisor prescribes and shall observe Franchisor's directions regarding the presentation, display, and use of the Marks and the use, copying, and distribution of the Copyrighted Materials. Franchisee shall not fail to perform any act required under this Agreement, or commit any act which would impair the value of the Marks or the goodwill
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, Belocal grants the franchisee a limited license to use its Marks and Copyrighted Materials. This license is specifically for operating, advertising, and promoting the franchised business. The franchisee's interest in these Marks and Copyrighted Materials is solely as a licensee, meaning all goodwill generated from their use benefits Belocal. The franchisee cannot claim any ownership or proprietary rights to the Marks and Copyrighted Materials.
The agreement strictly controls how the franchisee can use Belocal's brand names and trademarks. Franchisees cannot use any of Belocal's Marks, including "BELOCAL," "N2," "N2 Publishing," or "Hyport Digital," or variations of these, in their business entity name or online presence without written approval from Belocal. The franchisee must use the Marks precisely as Belocal prescribes and follow all directions regarding their presentation, display, and use.
Belocal retains the right to modify its Marks and Copyrighted Materials, and franchisees must promptly comply with any additions, changes, revisions, discontinuations, or substitutions. Franchisees are also obligated to notify Belocal immediately of any potential infringement or challenges to the use of any Mark or Copyrighted Material. Belocal has the exclusive right to control any legal proceedings related to these infringements. The franchisee is required to assist Belocal in protecting its interests in the Marks and Copyrighted Materials.