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What are the Body20 franchisee's obligations in Item 9 regarding the use of trademarks, considering the trademark rights granted in Item 13, and what are the procedures for reporting suspected trademark infringement?

Body20 Franchise · 2025 FDD

Answer from 2025 FDD Document

You may also use certain other Marks owned by or licensed to us in the operation of your Studio. You must use the Marks only in strict accordance with the Franchise Agreement and Manuals. You may not use any Mark (i) as part of any corporate or legal business name, (ii) with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos we have licensed to you), (iii) in selling any unauthorized services or products, (iv) as part of any domain name, electronic address, metatag, social media account, or otherwise in connection with any website or other electronic medium without our consent, or (v) in any other manner we have not expressly authorized in writing. You must display the Marks in a manner that we specify on signage at the Studio and on all written materials, forms, advertising, promotional materials, supplies, employee uniforms, business cards, receipts, letterhead, contracts, stationary, and other materials we designate. Upon receipt of notice from us, you must discontinue, alter or substitute any of the Marks as we direct.

You must display in a conspicuous location in or upon the Studio, or in a manner that we specify, a sign containing a notice that the Studio is owned and operated independently by you who is an authorized licensed user of the Marks, using language that we designate. You must include this notice or other similar language that we specify on all forms, advertising, promotional materials, business cards, receipts, letterhead, contracts, stationary, and other written materials we designate.

You must promptly notify us if any other person or Entity attempts to use any of the Marks or any colorable imitation of any of the Marks. You must immediately notify us of any infringement of or challenge to your use of any of the Marks. We will have the right to take any action that we deem appropriate, but the Franchise Agreement does not require us to take any action to protect your right to use any of the Marks or to participate in your defense and/or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving any of the Marks. We will have the right to control any administrative proceeding or litigation related to the Marks. We will be entitled to retain any and all proceeds, damages, and other sums, including attorneys' fees, recovered or owed to us or our affiliates in connection with any such action. You agree to execute all documents and, render any other assistance we may deem necessary to any such proceeding or any effort to maintain the continued validity and enforceability of the Marks.

What This Means (2025 FDD)

According to Body20's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the use of Body20's trademarks. The franchisee's right to use the trademarks and trade dress applies only to the studio operated at the designated site, and advertising must be related to that specific studio. Franchisees must use only the trademarks that Body20 designates and must comply with the written rules that Body20 prescribes.

The franchisee is prohibited from using any trademark as part of a corporate or legal business name, or with any unauthorized modifications, or in selling unauthorized services or products. Trademarks also cannot be used as part of any domain name, electronic address, metatag, or social media account without Body20's consent, or in any other manner not expressly authorized in writing. Franchisees must obtain prior written approval from Body20 for any materials displaying the trademarks or trade dress, and this approval can be revoked at any time with reasonable notice.

Franchisees are required to display the trademarks in the manner specified by Body20 on signage at the studio and on all written and promotional materials. They must also display a sign indicating that the studio is independently owned and operated by an authorized licensee of the trademarks. Furthermore, franchisees must promptly notify Body20 if any other person or entity attempts to use any of the trademarks or any imitation of them, and must immediately report any infringement or challenge to their use of the trademarks. Body20 has the right to take any action it deems appropriate, and will control any administrative proceeding or litigation related to the trademarks, retaining any proceeds or damages from such actions. If Body20 decides that a franchisee should modify or discontinue using any of the trademarks, the franchisee must comply with these directions in a timely manner.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.