Who owns any sign face bearing the Marks for a Best Brains franchise?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
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, Best Brains retains ownership of any sign face bearing its trademarks, even if the franchisee pays a third party to create the sign. This is detailed in Item 13, which covers trademarks. This policy ensures that Best Brains maintains control over its brand image and consistency across all franchise locations.
For a prospective Best Brains franchisee, this means that while they are responsible for the cost of the sign, they do not own it. This is a common practice in franchising, where the franchisor seeks to protect its brand identity. The franchisee must use the marks as the sole identification of the franchised business and display the marks on signs.
This arrangement has implications for the franchisee if they decide to terminate or not renew the franchise agreement. Since Best Brains owns the sign face, the franchisee would likely need to remove or return the sign, potentially incurring additional costs. It is important for franchisees to understand these terms and factor them into their financial planning.
Furthermore, the franchisee is responsible for using the marks correctly and notifying Best Brains of any potential infringements. This underscores the importance of adhering to Best Brains's brand standards and protecting its intellectual property.