Are the Brain Balance Marks registered with the United States Patent and Trademark Office?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
breaches its representations in the License Agreement, or materially breaches the License Agreement and fails to cure within a reasonable period of time.
The Franchise Agreement grants to you the non-exclusive right and license to use the proprietary marks (the "Marks") and any other proprietary marks that we may use during the term of the Franchise Agreement in operating the Brain Balance Program®. The Marks are the only trade names that can be used in connection with the operation of your Franchised Business. "Marks" include all trade names, trademarks, service marks, logos, and other marks used to identify your Franchised Business, including those listed below.
The following Marks have been registered with the United States Patent and Trademark Office on the principal register.
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All the required affidavits of use to maintain the Brain Balance & Design® and the Brain Balance Program® registrations have been filed.
There are no currently effective material determinations of the Patent and Trademark Office, Trademark Trial and Appeal Board, Trademark Administrator of this or any other state, or any Court, no pending infringement, opposition or cancellation proceedings, or pending material litigation involving the Marks. There is no pending material federal or state court litigation regarding our use or ownership rights in any Mark. No agreements are currently in effect that significantly limit our rights with respect to the Marks that would materially affect the operation of your Franchised Business. We do not know of either superior prior rights to those of Brain
Balance Holdings, Inc. or infringing uses that could materially affect your use of the Marks or the Brain Balance® name in any state.
Franchisees are required to adhere to our rules when utilizing the Marks in any printed form or digital, including, but not limited to, stationery, business cards, invoices, signs, advertisements, promotional literature, social media content, website, microsite and email addresses. The Marks cannot be used as part of your corporate name and may be used only in connection with the Franchised Business.
BBF must be notified immediately if you learn about an infringement of, imitation of, or suspected unauthorized use of – or challenge to use – the Marks. Any judicial, arbitration, or administrative proceedings and actions involving the Marks will be controlled by us.
Source: Item 13 — TRADEMARKS (FDD pages 49–51)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, certain proprietary marks used in the operation of a Brain Balance franchise are registered with the United States Patent and Trademark Office on the principal register. The Franchise Agreement grants franchisees a non-exclusive right and license to use these marks, as well as any other proprietary marks Brain Balance may use during the term of the agreement, in operating their Brain Balance Program. These marks are the only trade names that can be used in connection with the operation of the franchised business and include all trade names, trademarks, service marks, logos and other marks used to identify the franchised business.
Brain Balance requires franchisees to adhere to their rules when using the Marks in any printed or digital form, including stationery, business cards, signs, advertisements, social media content, websites, and email addresses. The Marks cannot be used as part of the franchisee's corporate name and may be used only in connection with the Franchised Business. Franchisees must notify Brain Balance immediately if they learn of any potential infringement or unauthorized use of the Marks. Brain Balance retains control over any legal proceedings involving the Marks and has the right, but not the obligation, to take action against infringement or defend franchisees against third-party claims arising from the use of the Marks.
Brain Balance also reserves the right to modify or discontinue the use of a Mark, and franchisees will not be compensated for any costs associated with such changes. Franchisees are prohibited from contesting Brain Balance's rights to its trademarks, trade secrets, or business techniques. The FDD states that all required affidavits of use to maintain the Brain Balance & Design® and the Brain Balance Program® registrations have been filed. Furthermore, there are no currently effective material determinations of the Patent and Trademark Office, Trademark Trial and Appeal Board, Trademark Administrator of this or any other state, or any Court, no pending infringement, opposition or cancellation proceedings, or pending material litigation involving the Marks.