What does Body Brain Center define as 'trademark'?
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, the term 'trademark' encompasses a range of identifiers used to represent the business. Specifically, Body Brain Center defines trademark as trade names, trademarks, service marks, and logotypes. These marks are used to identify the Body Brain Center business and the products or services it offers.
This definition is important for prospective franchisees because it clarifies what aspects of the brand's identity are protected and licensed to them. As a franchisee, you are granted the right to operate under the "Body & Brain" name and identify yourself as a Body Brain Center franchisee. However, Body Brain Center retains the right to change these trademarks, including discontinuing their use, and franchisees are obligated to comply with these changes at their own expense.
This also means that franchisees must adhere to Body Brain Center's rules when using the marks and cannot use the name or mark as part of a corporate name or with modifying words, designs, or symbols without prior written consent. Furthermore, the Body Brain Center name cannot be used in the sale of any product or service not previously authorized in writing by the franchisor. Franchisees must also notify Body Brain Center immediately upon learning of any infringing or challenging use of the marks. While Body Brain Center will take action they deem appropriate, they are not required to take any action.