Who owns the Boulder Designs trademarks?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
span id="page-33-0">Our affiliate, Mogavero Investments, owns the following Marks which are registered on the on the Principal Register of the U.S. Patent and Trademark Office ("USPTO"), and Mogavero Investments intends to renew all required filings and all required affidavits have been filed:
| Mark | International Classification | Registration Number | Registration Date | |---------------------------------|---------------------------------|------------------------|-------------------| | Boulder Designs® | 037 040 | 3152574 | October 10, 2006 | | | | | | | BOULDER | 037 | 4334065 | May 14, 2013 | | DESIGNS | | | | | (standard | | | | | characters) | 040 | | | | | 040 041 | 5664635 | January 29, 2019 | | | 035 | 5784573 | June 25, 2019 | Mogavero Investments has granted us a license to use and sublicense to use the above-mentioned Marks, dated December 1, 2017. The term of the license is for 99 years. The license agreement may be terminated if we take any affirmative act of insolvency, if a receiver or trustee is appointed to take possession of our properties and is not discharged within 90 days, if we wind up, sell, consolidate or merge our business, or if we breach any of our duties and obligations under the license and do not cure the breach within 60 days following written notice of the breach. Within the license agreement, the term "Marks" includes any other trade names, service marks, trademarks, designs, logos, slogans and commercial symbols now in existence or later adopted by Mogavero Investments that are used in connection with the System. This license agreement licensed to us any future trademarks acquired by Mogavero Investments as well. If Mogavero Investments terminates the license agreement, they must honor all franchise agreements, including the right to renew.
Except as stated above, there are no agreements currently in effect that significantly limit our rights to use or to license the use of the Marks in any manner material to the franchise.
We know of no currently effective material determinations of the USPTO, trademark trial and appeal board, the trademark administrator of this state or any court;
Source: Item 13 — TRADEMARKS (FDD pages 34–36)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, the Boulder Designs trademarks are owned by Mogavero Investments, an affiliate of the franchisor. However, Mogavero Investments has granted Boulder Designs a license to use and sublicense these marks, as stated in a license agreement dated December 1, 2017, which extends for a term of 99 years. This agreement allows Boulder Designs to grant franchisees the right to use the trademarks in their franchised businesses. The license agreement can be terminated under specific conditions, such as Boulder Designs taking an affirmative act of insolvency, the appointment of a receiver or trustee for their properties that is not discharged within 90 days, the winding up, sale, consolidation, or merger of their business, or a failure to cure a breach of their duties and obligations within 60 days following written notice.
The license agreement also covers any trade names, service marks, trademarks, designs, logos, slogans, and commercial symbols related to the Boulder Designs system that are currently in existence or may be adopted by Mogavero Investments in the future. This includes any future trademarks acquired by Mogavero Investments. Despite the license, Boulder Designs retains significant control over how franchisees use the trademarks.
Franchisees are granted a nonexclusive right to use the Boulder Designs marks in the operation of their franchised business, but this usage must adhere to the franchisor's standards, operating procedures, and specifications. Franchisees cannot contest the validity or ownership of the marks and must not assist others in doing so. Unauthorized use of the marks constitutes a breach of the Franchise Agreement and an infringement of Boulder Designs's rights. All goodwill established through the franchisee's use of the marks will exclusively benefit Boulder Designs.
In practical terms, this arrangement means that while Mogavero Investments ultimately owns the trademarks, Boulder Designs has the long-term right to allow franchisees to use them. However, franchisees must adhere strictly to Boulder Designs's guidelines and cannot challenge the ownership or validity of the trademarks. The 99-year license provides a degree of stability, but franchisees should be aware of the conditions under which the license could be terminated, as this could impact their right to use the Boulder Designs branding.