What does the term 'Marks' include in the context of a Brain Balance franchise?

According to the 2025 Brain Balance Franchise Disclosure Document, the term 'Marks' encompasses various identifiers used to represent the franchised business. Specifically, the Franchise Agreement grants franchisees the non-exclusive right to use these proprietary marks while operating their Brain Balance center. These Marks are the only trade names that franchisees can use in connection with their franchised business.

The Marks include all trade names, trademarks, service marks, logos, and other marks that are used to identify the franchised Brain Balance business. These marks are essential for creating a consistent brand identity across all franchise locations and are registered with the United States Patent and Trademark Office.

Brain Balance franchisees are required to adhere to the franchisor's rules when using the Marks in any printed or digital format, 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 can only be used in connection with the franchised business. Franchisees must also 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 potential infringements.