Who can modify the Brightstar Care Trademark License Agreement?
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 Trademark License Agreement, dated September 1, 2009, can be modified periodically by Bright Star Nevada and Brightstar Care. This agreement grants Brightstar Care the exclusive right to use and sublicense the Marks in the United States for offering and selling franchises to third parties, specifically for agencies providing medical and/or non-medical home health, medical and nursing personnel placement, and recruiting and staffing services.
This means that any changes to the terms and conditions under which Brightstar Care franchisees are allowed to use the Brightstar Care trademarks must be agreed upon by both Bright Star Nevada (the owner of the trademarks) and Brightstar Care (the franchisor). As a franchisee, you are not a party to this agreement and have no direct say in its modification. However, any modifications could impact your rights and obligations regarding the use of the Brightstar Care trademarks in your business operations.
It is important for prospective franchisees to understand that Brightstar Care reserves the right to substitute different Marks to identify the BrightStar Care Agency Program. Franchisees must discontinue using all Marks that have been modified or discontinued within 10 days of written notice and promptly begin using the new Marks at their own expense. This highlights the importance of staying informed about any changes to the Marks and being prepared to adapt your marketing and branding materials accordingly. Franchisees should maintain open communication with Brightstar Care to ensure they are always using the correct and approved Marks.
Furthermore, franchisees must adhere to Brightstar Care's standards for using the Marks in all advertising and promotional materials, which are subject to prior written approval. This includes signs, print, digital advertising, videos, and other materials. Franchisees must also identify themselves as the owner of the Agency in a prescribed manner on invoices, order forms, receipts, and business stationery. These requirements ensure consistent brand representation across all Brightstar Care franchise locations and protect the integrity of the Marks.