What notices of trademark and service mark registrations and copyrights must a Best Brains franchisee give?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
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 are required to use the Best Brains 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 cannot use any Mark as part of their company or trade name, or with any modifications unless expressly authorized in writing by Best Brains. The Marks must be prominently displayed on signs, posters, displays, service contracts, stationery, and other designated forms.
Best Brains franchisees must give notices of trademark and service mark registrations and copyrights as specified by Best Brains and obtain any fictitious or assumed name registrations required by applicable law. All bank accounts, licenses, permits, and similar documents must contain the actual name of the entity owning the Franchised Business and may include "d/b/a BEST BRAINS." Any sign face bearing the Marks remains the property of Best Brains, even if the franchisee paid a third party to create it.
These regulations ensure consistent branding and protect Best Brains' trademarks. Franchisees must adhere strictly to these guidelines to avoid any potential legal issues or breaches of the franchise agreement. It is important for prospective franchisees to understand these requirements and be prepared to follow Best Brains' instructions regarding the use of trademarks, service marks, and copyrights.