Can Best In Class Education Center change the trademarks that franchisees are allowed to use?
Best_In_Class_Education_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
ion if we do not feel it is warranted. You may not control any proceeding or litigation relating to our Marks.
We may change the trademarks you may use from time to time, including by discontinuing use of the Marks listed in Item 13. If we require you to discontinue use of our primary Mark (i.e., BEST IN CLASS EDUCATION CENTER®), we will reimburse you for your tangible costs of compliance (e.g., changing brochures, business cards, etc.). We have no other liability to you for changing the Marks.
The Franchise Agreement does not require that we: (a) protect your right to use the Marks; (b) protect you against claims of infringement or unfair competition arising out of your use of the Marks; or (c) participate in your defense or indemnify you for expenses or damages you incur if you are a party to an administrative or judicial proceeding involving our Marks or if the proceeding is resolved in a manner unfavorable to you.
There are currently no: (a) effective material determinations of the Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of this state or any court; (b) pending infringements, oppositions or cancellations; (c) pending material litigation matters involving any of the Marks; or (d) infringing uses we are aware of that could materially affect your use of the Marks.
On April 11, 2025, we entered into an Intellectual Property License Agreement with HL Media (the "License Agreement"). Under the terms of the License Agreement, HL Media granted us the right to use and sublicense the Marks to our franchisees. The initial term of the License Agreement is 5 years, and then automatically renews for additional 5-year renewal terms unless terminated in accordance with its terms. HL Media may terminate the License Agreement only if we: (a) declare bankruptcy or become insolvent;
Source: Item 13 — TRADEMARKS (FDD pages 34–35)
What This Means (2025 FDD)
According to Best In Class Education Center's 2025 Franchise Disclosure Document, Best In Class Education Center can change the trademarks that franchisees are allowed to use, even discontinuing them. If Best In Class Education Center requires a franchisee to stop using the primary mark, BEST IN CLASS EDUCATION CENTER®, Best In Class Education Center will reimburse the franchisee for tangible costs of compliance, such as changing brochures and business cards. However, Best In Class Education Center has no other liability to the franchisee for changing the marks.
Best In Class Education Center is not obligated to protect a franchisee's right to use the marks, protect against claims of infringement or unfair competition, or participate in the franchisee's defense or indemnify them for expenses or damages if the franchisee is involved in a legal proceeding regarding the marks.
Best In Class Education Center has an Intellectual Property License Agreement with HL Media, granting Best In Class Education Center the right to use and sublicense the marks to its franchisees. This agreement, entered into on April 11, 2025, has an initial term of 5 years and automatically renews for additional 5-year terms unless terminated under specific conditions, such as Best In Class Education Center declaring bankruptcy, breaching quality control standards, or consenting to termination. If the License Agreement is terminated, all sublicenses granted to franchisees will remain in effect until the expiration or termination of the applicable franchise agreement.