Can Body Brain Center change the trademarks that franchisees must use?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
We grant you the right to operate a franchise under the name "Body & Brain" shown on the cover page of this Disclosure Document and identify yourself as a Body & Brain franchisee. By trademark, we mean trade names, trademarks, service marks, and logotypes used to identify your Business or the products or services that you sell. We may change the trademarks you must use from time to time (including by discontinuing use of the Marks listed in this Item 13) and you must comply with any such change at your expense.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, Body Brain Center retains the right to modify the trademarks that franchisees are required to use. This includes the possibility of discontinuing the use of specific marks. Franchisees are obligated to comply with any such changes, and they must bear the associated expenses. This condition is important for prospective franchisees to consider, as rebranding or adapting to new trademarks can involve costs for new signage, marketing materials, and other related items.
This flexibility on the part of Body Brain Center allows them to adapt to market changes, legal requirements, or strategic rebranding initiatives. While this can be beneficial in the long run, it also introduces a degree of uncertainty for franchisees. It is common in franchising for franchisors to update branding and marketing strategies, but the financial responsibility for implementing these changes typically falls on the franchisee.
Furthermore, franchisees must adhere to Body Brain Center's rules regarding trademark usage and are prohibited from using the Body Brain Center name in unauthorized ways. Franchisees are also required to notify Body Brain Center of any potential infringement or challenges to the trademarks. While Body Brain Center will take action as it deems appropriate, it is not obligated to protect the franchisee's right to use the marks or defend against infringement claims unless required as a result of litigation. If Body Brain Center is required to modify or discontinue a mark due to litigation, they will reimburse the franchisee for tangible costs of compliance, such as changing brochures and business cards.