Does the definition of 'Marks' for a Body Brain Center franchise include trade dress?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
"Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of a Body & Brain Center, including "Body & Brain," "Body & Brain Center" and any other trademarks, service marks or trade names that we designate for use in a Body & Brain Center.
The term "Marks" also includes our distinctive trade dress used to identify a Body & Brain Center, whether now in existence or created in the future.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, the definition of "Marks" includes trade dress. The FDD specifies that the term "Marks" encompasses logotypes, service marks, and trademarks currently or in the future associated with the operation of a Body & Brain Center, including the names "Body & Brain" and "Body & Brain Center."
Furthermore, the definition explicitly states that "Marks" also includes the distinctive trade dress used to identify a Body & Brain Center, whether that trade dress exists now or is created in the future. This means that the overall look and feel of a Body & Brain Center, including elements like store design, signage, and other visual cues that distinguish it from other businesses, are protected under the franchise agreement.
For a prospective franchisee, this means they are licensed to use Body Brain Center's established trade dress and must adhere to the franchisor's standards in order to maintain a consistent brand image. It also means that the franchisee is prohibited from using similar trade dress that could cause confusion among customers or infringe on Body Brain Center's intellectual property rights.