What is a Brain Balance franchisee prohibited from doing regarding the Brain Balance Marks and Copyrights after the franchise agreement expires or terminates?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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."
(b) Promptly change FRANCHISEE's name to a name that does not include the words "Brain Balance®" or "BBF" or any of the Marks or any words similar thereto.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, following the termination of the Franchise Agreement, a franchisee must cease operating as a Brain Balance center and is prohibited from using the Brain Balance names, marks, and logos. This includes refraining from using similar names or logos in any manner, including with terms like "formerly known as."
In practical terms, this means that upon termination (whether due to an event of default or any other reason), a former Brain Balance franchisee cannot continue to operate a similar business using the Brain Balance brand or any confusingly similar branding. This restriction is designed to protect Brain Balance's brand identity and goodwill.
Additionally, the franchisee must promptly change their business name to one that does not include "Brain Balance" or "BBF" or any similar trademarks. This ensures a clear distinction between the former franchisee's new business and the Brain Balance brand, preventing customer confusion and protecting the integrity of the Brain Balance brand. These stipulations are typical in franchising to safeguard the brand's reputation and prevent unauthorized use of its intellectual property after a franchise agreement ends.