Is the BEST BRAINS trademark registered on the Principal or Supplemental Register of the USPTO?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
| Description of Mark | Principal or Supplemental Register of the USPTO | Registration Number | Registration Date |
|---|---|---|---|
| BEST BRAINS | Principal | 4312681 | April 2, 2013 |
| Principal | 4831219 | October 13, 2015 | |
| Principal | 5696167 | March 12, 2019 | |
| BE YOUR BEST | Principal | 5696442 | March 12, 2019 |
Source: Item 13 — TRADEMARKS (FDD pages 29–30)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, the BEST BRAINS trademark, along with other marks, is registered on the Principal Register of the USPTO. Specifically, the trademark BEST BRAINS itself is registered under registration number 4312681 with a registration date of April 2, 2013. Additional registrations for the same mark are listed under registration numbers 4831219 (October 13, 2015) and 5696167 (March 12, 2019). The trademark BE YOUR BEST is also registered on the Principal Register under registration number 5696442, with a registration date of March 12, 2019.
Registration on the Principal Register generally indicates that the trademark is considered distinctive and has full legal protection. This is beneficial for Best Brains franchisees because it signifies that the brand's trademarks are legally protected, reducing the risk of infringement issues. Best Brains also states that they have filed all required affidavits and renewals, and that there are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court. Furthermore, there is no pending infringement, opposition or cancellation action, nor any pending material federal or state court litigation regarding the franchisor's use or ownership rights in the trademark.
Best Brains also states that there are no agreements which significantly limit their right to use or license the use of the principal trademark in any manner material to the franchise. As a franchisee, 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 Best Brains prescribes. 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 Best Brains.
Franchisees must prominently display the marks on or in connection with signs, posters, displays, service contracts, stationery, and other forms designated by Best Brains. Franchisees must also give notices of trademark and service mark registrations and copyrights as specified by Best Brains 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."