What obligations does a Brain Balance franchisee have regarding the use of trademarks, considering the information about trademarks in Item 13 and franchisee obligations in Item 9?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
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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. We have the right, but not the obligation, to take action against uses by others that may constitute infringement of the Marks. We have the right, but not the obligation, to defend you against any third-party claim, suit, or demand arising out of your use of the Marks. Our current policy is to take appropriate action when a potential infringement of our name or the Marks has occurred. We are not obligated to participate in your defense and/or indemnify you for damages or expenses incurred if you are a party to an administrative or judicial proceeding involving the Marks.
You must modify or discontinue the use of a Mark if BBF modifies or discontinues it. If this happens, you will not be compensated by us in any manner as a result of this discontinuation or modification, and you will be responsible for all costs associated with it. We reserve the right to substitute different marks for the Marks for use in identifying Centers.
You must not directly or indirectly contest our right to our trademarks, trade secrets, or business techniques.
ITEM 14 PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION
BBF does not own any rights in or to any patents or copyright registrations that are material to the Franchised Business. We claim copyright protection for our printed literature, Software, including our proprietary Eyelearn and Eyelisten technologies, and our Operations Manual.
Confidential Operating Manual
Your Franchised Business must be operated in accordance with the standards, methods, policies, and procedures specified in our Operations Manual ("Operations Manual"). We will make the Operations Manual available to you via download for the term of your Franchise Agreement and any extension thereof. BBF reserves the right to revise the Operations Manual to reflect new developments and approaches in clinical research, sales, marketing, operational techniques, and other procedures relevant to the Franchised Business. You must comply with any such revisions, but revisions to the Operations Manual will not unreasonably affect your obligations, including economic requirements, under the Franchise Agreement. The Operations Manual must remain current at all times. In the event of any dispute regarding the contents of the Operations Manual, the information in the master copy maintained by BBF at our home office will be controlling.
The information contained in the Operations Manual, and in any other document created for use in the operation of your Franchised Business is confidential, and you must use reasonable efforts to maintain this information as secret and confidential and must not disclose, copy, duplicate, record, or otherwise reproduce the Operations Manual, in whole or in part, or otherwise make it available to an unauthorized third party.
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, franchisees have specific obligations regarding the use of Brain Balance's trademarks. Brain Balance grants franchisees a non-exclusive right to use their proprietary marks during the franchise agreement for operating a Brain Balance Program. These marks are the only trade names that can be used in connection with the franchised business and include all trade names, trademarks, service marks, logos and other marks used to identify the franchised business.
Brain Balance franchisees must adhere to the franchisor's rules when using the marks in any printed or digital form, including stationery, business cards, signs, advertisements, promotional literature, social media content, websites, and email addresses. The trademarks cannot be used as part of the franchisee's corporate name and can only be used in connection with the franchised business. Franchisees must notify Brain Balance immediately if they become aware of any infringement, imitation, unauthorized use, or challenge to the 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 the franchisee against third-party claims arising from the use of the marks.
The Franchise Agreement stipulates that franchisees cannot use the words "Brain Balance®" or "Brain Balance Program®" on any medium without complying with Brain Balance's written instructions regarding the appearance of the marks. Furthermore, franchisees are prohibited from using the Brain Balance name or marks for any purpose other than operating a Brain Balance Center as specifically permitted by the agreement. All printed matter and advertising used by the franchisee must comply with the Operations Manual and receive prior written consent from Brain Balance. If Brain Balance does not provide written approval within ten days, the material is considered disapproved.