Is a Brain Balance franchisee allowed to misuse the Brain Balance trademarks?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
operate a business other than the Franchised Business, FRANCHISEE agrees to obtain COMPANY's consent prior to taking any steps in connection with such proposed business, which consent may be refused for any reason or no reason.
- 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.
- 10.03. FRANCHISEE shall operate the Franchised Business from a self-contained space located in a retail building within the Territory in accordance with the terms and intent of this Agreement in a lawful and ethical manner as specified by COMPANY in its Operations Manual. FRANCHISEE shall obtain all permits and business licenses required by law for its Center location and shall comply with all premises regulatory requirements.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, franchisees are explicitly prohibited from misusing the Brain Balance trademarks. Specifically, franchisees must not harm, misuse, or bring into disrepute the Brain Balance name, Brain Balance Program name, the Marks, or any other intellectual property belonging to the company or its franchisees. This restriction is part of the franchisee's broader obligations to protect the brand's reputation and goodwill.
Brain Balance franchisees must adhere to the company's written instructions regarding the appearance of the Marks in all forms of media, including print and electronic. They cannot use the Brain Balance name or Marks for any purpose or service outside the scope of operating a Brain Balance Center as permitted by the franchise agreement. This ensures that the trademarks are used consistently and appropriately, maintaining brand integrity.
These stipulations are crucial for maintaining the uniformity and quality associated with the Brain Balance brand. Failure to comply with these trademark usage guidelines could lead to a breach of the franchise agreement, potentially resulting in termination of the franchise. Therefore, prospective franchisees must understand and commit to these obligations to avoid any misuse of the Brain Balance trademarks.