Who owns the trademarks that Body Brain Center will sublicense to franchisees?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: TRADEMARKS]
ITEM 13 TRADEMARKS
BR Consulting, Inc. ("BR Consulting") is a New Jersey corporation that owns the Marks that we will sublicense to you. BR Consulting, registered the following trademarks on the United States Patent and Trademark Office ("USPTO"):
In addition to the primary Marks listed above, you will also be granted a limited license to use DAHN YOGA for purposes of advertising that your Center offers Dahn Yoga classes. The DAHN YOGA mark
was registered on the Principal Register at the USPTO on September 12, 2006 under the registration number 3,141,495. BR Consulting is also the owner of the DAHN YOGA mark.
On February 1, 2016, we entered into a Second Amended and Restated License Agreement (the "License Agreement") with BR Consulting. Under the terms of the License Agreement, BR Consulting granted us the right to use the Marks in the Body & Brain System and to sublicense the Marks to our franchisees. The term of the License Agreement automatically renews annually, unless it is terminated in accordance with its terms or unless either party provides notice that it does not intend to renew. BR Consulting is permitted to terminate the Trademark License Agreement only if we declare bankruptcy or become insolvent or if we commit a default under the License Agreement and fail to cure within the required period of time. We are obligated to pay a portion of all initial franchise fees and royalty fees that we receive to BR Consulting. If the License Agreement is terminated, the agreement states that all sublicenses granted by us to our franchisees will continue in full force and effect until the expiration or termination of the applicable franchise agreement. We and BR Consulting may amend the License Agreement at any time.
You must not directly or indirectly contest our or BR Consulting's right to the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, the trademarks that Body Brain Center sublicenses to its franchisees are owned by BR Consulting, Inc., a New Jersey corporation. Body Brain Center has a License Agreement with BR Consulting, granting Body Brain Center the right to use the marks in the Body & Brain System and to sublicense them to franchisees. The DAHN YOGA mark is also owned by BR Consulting.
This arrangement means that Body Brain Center franchisees are using trademarks that Body Brain Center does not directly own but has the right to sublicense. The License Agreement between Body Brain Center and BR Consulting automatically renews annually unless terminated, and BR Consulting can only terminate the agreement if Body Brain Center declares bankruptcy, becomes insolvent, or defaults on the License Agreement and fails to correct it. Body Brain Center is obligated to pay a portion of the initial franchise fees and royalty fees it receives to BR Consulting.
An important protection for franchisees is that if the License Agreement between Body Brain Center and BR Consulting is terminated, the sublicenses granted to franchisees will remain in effect until the franchise agreement expires or is terminated. Franchisees are also obligated to protect the trademarks by notifying Body Brain Center of any infringing or challenging use of the marks. Franchisees cannot contest the rights of Body Brain Center or BR Consulting to the marks. Body Brain Center can change the trademarks that franchisees must use, and franchisees must comply with these changes at their own expense.