What actions are Brain Balance franchisees prohibited from taking regarding the Brain Balance brand and trademarks?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
10.02. FRANCHISEE shall not harm, misuse, or bring into disrepute the name or character of "BBF," "Brain Balance®," "Brain Balance Program®," or the Marks or any other trade name, trademark, service mark, service name, logo, or copyright of COMPANY or COMPANY's business or the business of any franchisee of COMPANY.
10.15.
FRANCHISEE shall not cause the words "Brain Balance®" or "Brain Balance Program®" to appear in any form, whether print, electronic media, or otherwise, on stationery, signs, advertising, electronic media, or otherwise, without complying with all COMPANY written instructions regarding appearance of the Marks.
- 10.16.
FRANCHISEE shall not utilize the name "Brain Balance®," or "Brain Balance Program®," or any of the Marks in connection with any purpose or service other than the operation of a Brain Balance® Center to the extent specifically permitted hereunder.
2.01. FRANCHISEE is granted the right to use, and FRANCHISEE agrees to use, the words "Brain Balance®" as part of its trade or business name, in the exact manner and style set forth on Schedule I (the "Business Name") and as directed by COMPANY. COMPANY reserves the right to direct a change in the manner of use of the Marks by FRANCHISEE, and FRANCHISEE agrees to comply with such directions.
17.04.
Upon the termination of this Agreement, whether as a result of an Event of Default or for any other reason, FRANCHISEE shall:
- (a) Cease to be a FRANCHISEE, cease to operate the Franchised Business, and refrain and desist from using the names and Marks and all other marks, trade names, trademarks, or logos of COMPANY, or such names or logos similar thereto, in any manner whatsoever, including, without limitation, together with other words such as "formerly known as."
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, franchisees face several restrictions regarding the use of Brain Balance's trademarks and brand names. Specifically, a franchisee cannot use the terms "Brain Balance®" or "Brain Balance Program®" on any materials, whether printed or electronic, including stationery, signs, or advertising, without adhering to Brain Balance's written instructions on how the marks should appear. This ensures brand consistency across all franchise locations.
Furthermore, franchisees are prohibited from using the Brain Balance name or any of its trademarks for any purpose or service outside the scope of operating a Brain Balance Center, unless explicitly permitted by the franchise agreement. This prevents franchisees from leveraging the brand's reputation for unauthorized ventures. Brain Balance also retains control over how the franchisee uses the Brain Balance name, and the franchisee must comply with any changes Brain Balance directs regarding the use of the marks.
Upon termination of the franchise agreement, the franchisee must immediately cease operating as a Brain Balance franchise and discontinue using the Brain Balance names, marks, trademarks, or logos. This includes refraining from using similar names or logos, even with disclaimers like "formerly known as." These restrictions are designed to protect Brain Balance's brand identity and prevent confusion in the marketplace after a franchise relationship ends. These measures are typical in franchising to maintain brand control and consistency across all locations, and to protect the brand's reputation.