What right does Body20 grant to franchisees regarding the use of trademarks?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
e they are separate companies, we do not expect any conflicts between our franchisees and our affiliates' franchisees regarding territory, customers and support, and we have no obligation to resolve any perceived conflicts that might arise.
ITEM 13 TRADEMARKS
We grant you the right to operate a Studio under the Brand mark, and other trademarks, service marks, associated designs, artwork, and logos that we specify from time to time. We may require you to use the Marks in conjunction with other words or symbols or in an abbreviated form.
We own the following Marks, which are registered on the Principal Register of the United States Patent and Trademark Office ("USPTO"), and have filed all required affidavits and renewals with respect to the Marks:
| Mark | Registration No. | Registration Date |
|---|---|---|
| 6,550,171 | November 9, 2021 | |
| Body20 | 5,672,521 | February 12, 2019 |
| 5,672,545 | February 12, 2019 | |
| BODYTWENTY | 5,672,522 | February 12, 2019 |
| TECHNOLOGY TRAINING FOR A RESULTS | 5,829,737 | August 6, 2019 |
| DRIVEN WORKOUT |
There are no currently effective determinations of the USPTO, Trademark Trial and Appeal Board, the Trademark Administrator of any state, or any court; nor is there any pending infringement, opposition or cancellation proceedings, or material litigation, involving any of the Marks. We do not know of any superior prior rights or infringing uses that could materially affect your use of any of the Marks. There are no currently effective agreements that significantly limit our rights to use or license the use of the Marks listed above in a manner material to the franchise.
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.
Source: Item 13 — TRADEMARKS (FDD pages 53–54)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, Body20 grants franchisees the right to operate a studio using the Brand mark and other trademarks, service marks, associated designs, artwork, and logos that Body20 specifies. Body20 may require franchisees to use the marks in conjunction with other words or symbols or in an abbreviated form. The trademarks Body20 owns are registered with the United States Patent and Trademark Office. These include the Body20 mark itself (Registration No. 5,672,521, registered February 12, 2019), the BODYTWENTY mark (Registration No. 5,672,522, registered February 12, 2019), and the TECHNOLOGY TRAINING FOR A RESULTS DRIVEN WORKOUT mark (Registration No. 5,829,737, registered August 6, 2019).
Franchisees must use the Body20 marks only in strict accordance with the Franchise Agreement and Manuals. Franchisees cannot use any mark as part of any corporate or legal business name, with any prefix, suffix, or other modifying words, terms, designs, or symbols (other than logos Body20 has licensed), in selling any unauthorized services or products, as part of any domain name, electronic address, metatag, social media account, or otherwise in connection with any website or other electronic medium without Body20's consent, or in any other manner Body20 has not expressly authorized in writing. Franchisees must display the marks in a manner that Body20 specifies 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 Body20 designates.
Body20 franchisees must display in a conspicuous location in or upon the studio a sign containing a notice that the studio is owned and operated independently by the franchisee, who is an authorized licensed user of the marks, using language that Body20 designates. This notice, or other similar language that Body20 specifies, must also be included on all forms, advertising, promotional materials, business cards, receipts, letterhead, contracts, stationary, and other written materials Body20 designates. If Body20 decides that a franchisee should modify or discontinue using any of the marks, or use one or more additional or substitute service marks or trademarks, the franchisee must comply with Body20's directions in the time that Body20 reasonably specifies, and neither Body20 nor any of its affiliates will have any obligation to reimburse the franchisee for the cost of complying with Body20's directions.
Franchisees must promptly notify Body20 if any other person or entity attempts to use any of the marks or any colorable imitation of any of the marks. Franchisees must immediately notify Body20 of any infringement of or challenge to their use of any of the marks. Body20 has the right to take any action that it deems appropriate, but the Franchise Agreement does not require Body20 to take any action to protect the franchisee's right to use any of the marks or to participate in the franchisee's defense and/or indemnify the franchisee for expenses or damages if the franchisee is a party to an administrative or judicial proceeding involving any of the marks. Body20 will have the right to control any administrative proceeding or litigation related to the marks and will be entitled to retain any and all proceeds, damages, and other sums, including attorneys' fees, recovered or owed to Body20 or its affiliates in connection with any such action. Franchisees agree to execute all documents and render any other assistance Body20 may deem necessary to any such proceeding or any effort to maintain the continued validity and enforceability of the marks.