Can a Body Brain Center franchisee use the Marks in signing contracts?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
17. INTELLECTUAL PROPERTY
- 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.
This Agreement does not confer to you any goodwill, title or interest in any of the Intellectual Property.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to the 2025 Body & Brain Center Franchise Disclosure Document, a franchisee's right to use the brand's intellectual property, including its Marks, is explicitly tied to the Franchise Agreement. Body & Brain Center retains sole ownership of its Intellectual Property, and the franchisee's usage is limited to the scope defined within the agreement, the manual, and any prescribed standards.
The agreement specifies that franchisees can only use the Intellectual Property, including the Marks, for authorized purposes directly related to operating their Body & Brain Center. This means franchisees cannot use the Marks for selling unauthorized products or services or in any manner not expressly approved by Body & Brain Center. Any unauthorized use is considered an infringement of the franchisor's rights.
This restriction ensures brand consistency and quality control across all Body & Brain Center locations. It protects the integrity of the brand's image and prevents franchisees from misusing the Marks in ways that could harm the brand's reputation or create confusion among customers. Franchisees must adhere to the guidelines in the operations manual regarding the proper use of the Intellectual Property.
Upon termination or transfer of the Franchise Agreement, the franchisee's right to use the Intellectual Property immediately ceases. The franchisee must then discontinue all use of the Marks and other identifying materials, and take necessary actions to cancel any registrations related to their use of the Marks. This further underscores the franchisor's control over its Intellectual Property and ensures a clean break when a franchise relationship ends.