Where must a Body Brain Center franchisee prominently display the Marks?
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.
- 17.1 Ownership and Use of Intellectual Property.
You acknowledge that: (i) we are the sole and exclusive owner of the Intellectual Property and the goodwill associated with the Marks; (ii) your right to use the Intellectual Property is derived solely from this Agreement; and (iii) your right to use the Intellectual Property is limited to a license granted by us to operate your Center during the Term pursuant to, and only in compliance with, this Agreement, the Manual, and all applicable standards, specifications and operating procedures that we prescribe from time to time.
You may not use any of the Intellectual Property in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized by us.
Any unauthorized use of the Intellectual Property constitutes an infringement of our rights.
You agree to comply with all provisions of the Manual governing your use of the Intellectual Property.
- 17.3 Changes to Intellectual Property.
We have the right to modify the Intellectual Property at any time in our sole and absolute discretion, including by changing the Marks, the System, the Copyrights or the Know-how.
If we modify or discontinue use of any of the Intellectual Property, then you must comply with any such instructions by us within 30 days at your cost.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, the Marks, including logotypes, service marks, and trademarks such as "Body & Brain" and "Body & Brain Center," are essential for identifying a Body & Brain Center. The term 'Marks' also encompasses the distinctive trade dress used to identify a Body & Brain Center, whether now in existence or created in the future.
The franchisee's right to use the Intellectual Property is limited to a license granted by Body Brain Center to operate their Center during the Term pursuant to, and only in compliance with, the Franchise Agreement, the Manual, and all applicable standards, specifications, and operating procedures that Body Brain Center prescribes from time to time. The franchisee may not use any of the Intellectual Property in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized by Body Brain Center. Any unauthorized use of the Intellectual Property constitutes an infringement of Body Brain Center's rights.
The franchisee must comply with all provisions of the Manual governing their use of the Intellectual Property. Body Brain Center has the right to modify the Intellectual Property at any time in its sole and absolute discretion, including by changing the Marks, the System, the Copyrights, or the Know-how. If Body Brain Center modifies or discontinues use of any of the Intellectual Property, then the franchisee must comply with any such instructions by Body Brain Center within 30 days at their cost.
While the FDD defines 'Marks' and outlines the franchisee's obligations regarding their use, it does not explicitly state where the Marks must be prominently displayed. For a prospective franchisee, it is crucial to seek clarification from the franchisor regarding the specific locations and manners in which the Marks must be displayed to comply with brand standards and legal requirements.