What is the date of the Amended and Restated Trademark License Agreement for Brightstar Care?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
We derive our right to use and sublicense the Marks from an Amended and Restated Trademark License Agreement (the "Trademark License Agreement") dated September 1, 2009, with Bright Star Nevada. Under the terms of the Trademark License Agreement, we have the exclusive right in the United States of America to use and sublicense the Marks in connection with the offer and sale of franchises to third parties. Specifically, Bright Star Nevada has licensed us the right to use and sublicense the Marks in operating Agencies offering medical and/or non-medical home health, medical and nursing personnel placement, and recruiting and staffing services. The Trademark License Agreement is for the United States of America and is exclusive. The Trademark License Agreement may be terminated by mutual agreement of the parties. Additionally, either party may terminate the Trademark License Agreement in the event of: (i) any material breach of an obligation by the other party, which breach is capable of being, but is not, cured within 60 days after written notice of the breach to the breaching party; or (ii) any situation in which a party commits a material breach of the Trademark License Agreement that is not capable of being cured within 60 days and the non-breaching party provides written notice of the breach and notice of termination. Except for the Trademark License Agreement, there are no agreements currently in effect that significantly limit our right to use or sublicense the Marks. The Trademark License Agreement may be modified periodically by Bright Star Nevada and us.
Source: Item 13 — TRADEMARKS (FDD pages 75–77)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the Amended and Restated Trademark License Agreement is dated September 1, 2009. This agreement grants Brightstar Care the exclusive right to use and sublicense its trademarks in the United States for offering and selling franchises. Brightstar Care can sublicense these marks specifically for agencies providing medical and/or non-medical home health, medical and nursing personnel placement, and recruiting and staffing services.
This Trademark License Agreement between Brightstar Care and Bright Star Nevada defines the scope and limitations of Brightstar Care's rights to use its trademarks. It is exclusive to the United States and outlines the specific services for which the trademarks can be used. The agreement also details the conditions under which it can be terminated, including material breaches of obligation that are not cured within 60 days of written notice.
For a prospective Brightstar Care franchisee, understanding the Trademark License Agreement is crucial because it dictates how the franchisee can use the Brightstar Care brand and associated marks. The franchisee must adhere to the guidelines set forth by Brightstar Care regarding trademark usage to maintain brand consistency and avoid potential legal issues. The franchisee should also be aware of the termination clauses, as a breach of the agreement could result in the loss of their franchise rights.
It is also important to note that the Trademark License Agreement can be modified periodically by Bright Star Nevada and Brightstar Care. This means that the terms and conditions governing the use of the trademarks may change over time, and franchisees must stay informed of any updates to ensure continued compliance.