Can a Best Brains franchisee use any Mark with any prefix, suffix, or other modifying words?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
Use of Service Mark. You must use the Marks as the sole identification of the Franchised Business, provided that you must identify yourself as the independent owner of the Franchised Business in the manner we prescribe. You may not use any Mark as part of any company or trade name, or with any prefix, suffix, or other modifying words, terms, designs or symbols, or in any modified form, nor may you use any Mark in connection with the sale of any unauthorized service or product or in any other manner not expressly authorized in writing by us. You must prominently display the Marks on or in connection with, signs, posters, displays, service contracts, stationery, and other forms we designate. You must, in the manner we prescribe, give notices of trademark and service mark registrations and copyrights as we specify and to obtain such fictitious or assumed name registrations as may be required under applicable law. All bank accounts, licenses,
permits or other similar documents must contain the actual name of the person or entity owning the Franchised Business and may contain "d/b/a BEST BRAINS." Any sign face bearing the Marks will remain our property even though you may have paid a third party to make the sign faces.
Source: Item 13 — TRADEMARKS (FDD pages 29–30)
What This Means (2025 FDD)
According to Best Brains's 2025 Franchise Disclosure Document, franchisees must use the Marks as the sole identification of their Franchised Business, while also identifying themselves as the independent owner in a manner prescribed by Best Brains. Franchisees are specifically prohibited from using any Mark as part of any company or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols. They also cannot use any Mark in a modified form or in connection with the sale of any unauthorized service or product, unless expressly authorized in writing by Best Brains.
This restriction ensures that the Best Brains brand maintains a consistent and uniform image across all franchise locations. By preventing franchisees from altering or modifying the Marks, Best Brains aims to protect its brand identity and avoid potential confusion among customers. This is a common practice in franchising, where brand consistency is crucial for maintaining customer trust and recognition.
Franchisees are required to prominently display the Marks on signs, posters, displays, service contracts, stationery, and other designated forms. They must also provide notices of trademark and service mark registrations and copyrights as specified by Best Brains, and obtain any necessary fictitious or assumed name registrations. While franchisees must use their actual name for bank accounts, licenses, permits, and other similar documents, they may include "d/b/a BEST BRAINS." It is important to note that any sign face bearing the Marks remains the property of Best Brains, even if the franchisee paid a third party to create it.
These trademark guidelines are designed to protect Best Brains's intellectual property and ensure consistent brand representation. Franchisees should carefully adhere to these guidelines to avoid any potential legal issues or conflicts with Best Brains. Prospective franchisees should seek clarification from Best Brains regarding any specific questions or concerns about trademark usage before signing the franchise agreement.