When using the trademarks for a Body Brain Center franchise, what rules must I follow?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
s listed in this Item 13) and you must comply with any such change at your expense.
You must follow our rules when using the Marks. You cannot use our name or mark as part of a corporate name or with modifying words, designs, or symbols unless you receive our prior written consent. You may not use the Body & Brain name in the sale of any product or service that is not previously authorized by us in writing.
You must notify us immediately when you learn about an infringing or challenging use of the Marks. We will take the action we think appropriate, but we are not required to take any action if we do not feel it is warranted. Specifically, we are not required to protect your right to use the Marks or protect you against claims of infringement or unfair competition arising out of your use of the Marks. We may require your assistance, but you are not permitted to control any proceeding or litigation involving our Marks. You must modify or discontinue the use of any Mark licensed to you if we are required to modify or discontinue use of the Mark as a result of litigation. If this happens, we will reimburse you for your tangible costs of compliance (e.g., changing brochures, business cards, etc.). You must not directly or indirectly contest our or BR Consulting's right to the Marks. Except as disclosed above, we are not required under the Franchise Agreement to: (i) protect your right to use the Marks or protect you against claims of infringement or unfair competition arising out of your use of the Marks; or (ii) participate in your defense or indemnify you for expenses or damages you incur if you are a party to an administrative or judicial proceeding involving our marks or if the proceeding is resolved in a manner that is unfavorable to you.
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of this state or any court; no other pending infringements, oppositions or cancellations; and no other pending material litigation involving any of the Marks. We do not know of any infringing uses that could materially affect your use of the Marks.
ITEM 14 PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION
No patents or patent applications are material to the franchise. Although we have not filed any applications for copyright registration, we do claim common law copyright to the Manual, our website and all marketing materials that we prepare.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to the 2025 Body Brain Center Franchise Disclosure Document, franchisees must adhere to specific rules when using the Body Brain Center trademarks. A franchisee cannot use the Body Brain Center name or mark as part of their corporate name or with any modifying words, designs, or symbols without prior written consent from Body Brain Center. Additionally, franchisees are prohibited from using the Body & Brain name in the sale of any product or service that has not been previously authorized in writing by Body Brain Center.
If a franchisee becomes aware of any infringing or challenging use of the Body Brain Center marks, they must notify Body Brain Center immediately. Body Brain Center will then decide what action, if any, to take. However, Body Brain Center is not obligated to take any action to protect the franchisee's right to use the marks or to defend the franchisee against claims of infringement or unfair competition. The franchisee may be required to assist Body Brain Center in any related proceedings or litigation, but they are not permitted to control such proceedings. If Body Brain Center is required to modify or discontinue the use of any mark due to litigation, the franchisee must also modify or discontinue its use. In such cases, Body Brain Center will reimburse the franchisee for tangible costs of compliance, such as changing brochures or business cards.
The Franchise Disclosure Document also states that the franchisee must not directly or indirectly contest Body Brain Center's or BR Consulting's right to the marks. Body Brain Center retains the right to change the trademarks that franchisees are required to use, including discontinuing the use of certain marks, and franchisees must comply with any such changes at their own expense. In addition to the primary marks, franchisees are granted a limited license to use the DAHN YOGA mark for advertising Dahn Yoga classes offered at their center. BR Consulting owns the DAHN YOGA mark and has granted Body Brain Center the right to sublicense the mark to its franchisees.