What kind of assistance is a Best Brains franchisee required to provide to protect the Marks?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any apparent infringement of or challenge to your use of any Mark, or claim by any person of any rights in any Mark, and you may not communicate with any person other than us and our counsel in connection with any infringement, challenge or claim. We and our affiliates will have sole discretion to take action as we deem appropriate and the right to exclusively control any litigation or USPTO or other proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Mark and you must sign any and all instruments and documents, render assistance and actions as may, in the opinion of our or our affiliates' counsel, be necessary or advisable to protect and maintain our interests in any litigation or USPTO or other proceeding or to otherwise protect and maintain our interests in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 29–30)
What This Means (2025 FDD)
According to Best Brains's 2025 Franchise Disclosure Document, franchisees have specific obligations to assist in protecting the trademarks. If a franchisee observes any potential infringement or challenges to the use of the Best Brains marks, they must immediately notify Best Brains. The franchisee is not allowed to communicate with any party other than Best Brains and their counsel regarding the infringement, challenge, or claim. This ensures that Best Brains maintains control over the response and legal strategy.
Best Brains has the sole discretion to take any action they deem necessary to address the infringement, challenge, or claim. This includes the right to control any litigation or proceedings with the USPTO (U.S. Patent and Trademark Office). The franchisee is required to sign any documents and provide assistance as deemed necessary by Best Brains's counsel to protect their interests in any litigation or proceeding, or to otherwise protect and maintain their interests in the Marks. This could involve providing information, testimony, or other forms of support as needed.
These requirements are fairly standard in franchising, as franchisors need to protect their brand's trademarks. By requiring franchisees to report potential infringements and assist in legal matters, Best Brains aims to safeguard its brand identity and market position. Franchisees should be aware of these obligations and prepared to cooperate fully with Best Brains in any trademark-related legal matters. Failing to do so could potentially result in a breach of the franchise agreement.