What is Bft's obligation regarding the maintenance of trademark registrations?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
We expect and intend to submit all affidavits and other filings necessary to maintain the registrations above. There are no presently effective determinations of the United States Patent and Trademark Office, the trademark administrator of any State, or any court, nor any pending material litigation involving any of the Marks which are
relevant to their use in any State. There are no pending interference actions or opposition or cancellation proceedings that significantly limit our rights to use or license the use of the Marks in any manner material to the System. We have filed all required affidavits for the Marks and will continue to do so.
You must follow our rules when you use the Marks. You cannot use our name or any of the Marks as part of a corporate name or with modifying words, designs or symbols except for those which we license to you. You may not use the Marks in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by us. You must not use any other trade names or trademarks in the operation of the Studio without first obtaining our written consent. You must not establish a website on the Internet using any domain name containing the Marks or any variation thereof without our written consent. We retain the sole right to advertise on the Internet and create a website using the Marks as domain names.
If it becomes advisable, in our sole discretion, for us to modify or discontinue use of any of the Marks, or use one or more additional or substitute Mark, you must comply with our directions to modify or otherwise discontinue the use of such Mark within a reasonable time after notice by us. We will not be obligated to compensate you for any costs you incur in connection with any such modification or discontinuance.
You cannot seek to register, re-register, assert claim to ownership of, license or allow others to use or otherwise appropriate to itself any of the Marks or any mark or name confusingly similar to them, except insofar as such action inures to our benefit and has our prior written approval. Upon the termination or cancellation of the Franchise Agreement, you must discontinue use of the Marks, remove copies, replicas, reproductions or simulations thereof from the premises and take all necessary steps to assign, transfer, or surrender to us all Marks which you may have used in connection with the Franchise Agreement.
You must immediately notify us of any apparent infringement of or challenge to your use of the Marks. Although not obligated to do so, we will take any action deemed appropriate and will control any litigation or proceeding. You must cooperate with any litigation relating to the Marks which we or our affiliates, or the licensor, might undertake.
We are not aware of any prior superior rights or infringing uses that would materially affect your use of the Marks. There are no agreements currently in effect, which significantly limit our rights to use or license the use of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 54–55)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, Bft expects and intends to submit all affidavits and other filings necessary to maintain its trademark registrations. This indicates Bft's commitment to protecting its brand identity. The FDD lists two trademark registrations for "BFT" with registration numbers 6,477,914 and 6,490,486, dated September 7, 2021, and September 21, 2021, respectively.
Bft also requires franchisees to adhere to specific rules when using the trademarks. Franchisees cannot use Bft's name or trademarks as part of a corporate name or with modifying words, designs, or symbols, unless licensed to do so. They are prohibited from using the trademarks in connection with unauthorized products or services or in any manner not authorized in writing by Bft. Franchisees also need written consent from Bft before using other trade names or trademarks in their studio operations or establishing a website with a domain name containing Bft's trademarks.
If Bft decides to modify or discontinue the use of any trademarks, franchisees must comply with Bft's directions to modify or discontinue the use of such marks within a reasonable time after receiving notice. Franchisees will not be compensated for any costs incurred due to such modifications or discontinuance. Franchisees are also prohibited from registering, re-registering, claiming ownership of, licensing, or allowing others to use any of Bft's trademarks or confusingly similar marks, unless it benefits Bft and has prior written approval. Upon termination or cancellation of the Franchise Agreement, franchisees must discontinue using the trademarks and take necessary steps to transfer or surrender all marks used in connection with the Franchise Agreement to Bft.
Bft also requires franchisees to immediately notify them of any apparent infringement or challenge to the use of the trademarks. While Bft is not obligated to take action, it will take any action deemed appropriate and will control any litigation or proceeding. Franchisees must cooperate with any litigation relating to the trademarks undertaken by Bft, its affiliates, or the licensor. Bft states that it is not aware of any prior superior rights or infringing uses that would materially affect the franchisee's use of the trademarks and that there are no agreements currently in effect that significantly limit Bft's rights to use or license the use of the trademarks.