Who owns the registered trademarks used in the Brightstar Care Agency Program?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
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ITEM 13 TRADEMARKS
You will have the limited right to use the Marks we designate for use in the BrightStar Care Agency Program. Our affiliate, Bright Star Nevada, is the owner of the following U.S. registrations:
| MARK | REGISTRATION NUMBER | REGISTRATION DATE | REGISTER |
|---|---|---|---|
| BrightStar Care | 4042547 | October 18, 2011 | PRINCIPAL |
| BrightStar | 3608702 | April 21, 2009 | PRINCIPAL |
| BrightStar Clinical Pathways | 4302561 | March 12, 2013 | PRINCIPAL |
| BrightStar Connections | 4588598 | August 19, 2014 | PRINCIPAL |
| BrightStar Care Home Care Medical | 4659696 | December 23, 2014 | PRINCIPAL |
| Staffing A Higher Standard and | |||
| Design | |||
| BrightStar Care A Higher Standard of Home Care and Design | 4844658 | November 3, 2015 | PRINCIPAL |
| BrightStar Care A Higher Standard of Care | 4836093 | October 20, 2015 | PRINCIPAL |
Our affiliate, Bright Star Nevada, has filed or intends to file all required affidavits and renewals for the Marks listed above.
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.
There are currently no effective determinations of the United States Patent and Trademark Office, the trademark administrator of any state, or any court; no pending interference, opposition, or cancellation proceedings; and no pending material litigation involving the Marks. You must promptly notify us of any suspected unauthorized use of the Marks, any challenge to the validity of the Marks, or any challenge to our ownership of, our right to use and to license others to use, or
your right to use the Marks. We have the sole right to direct and control any administrative proceeding or litigation involving the Marks, including the right to settle the proceedings or litigation. We have the exclusive right, but not the obligation, to affirmatively prosecute actions against third parties for infringement or threatened infringement of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 75–77)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the owner of the trademarks used in the Brightstar Care Agency Program is Bright Star Nevada, an affiliate of the franchisor. Brightstar Care has the right to use and sublicense these marks through an Amended and Restated Trademark License Agreement with Bright Star Nevada, dated September 1, 2009. This agreement grants Brightstar Care the exclusive right in the United States to use and sublicense the marks 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.
Brightstar Care's rights to use the trademarks are subject to the terms of the Trademark License Agreement, which can be terminated by mutual agreement or if either party materially breaches the agreement and fails to cure the breach within 60 days after written notice. Bright Star Nevada and Brightstar Care can modify the Trademark License Agreement periodically.
The FDD lists several registered trademarks, including "BrightStar Care" (Registration Number 4042547, registered October 18, 2011), "BrightStar" (Registration Number 3608702, registered April 21, 2009), and "BrightStar Clinical Pathways" (Registration Number 4302561, registered March 12, 2013) among others. Bright Star Nevada has filed or intends to file all required affidavits and renewals for these marks. Brightstar Care retains the right to substitute different Marks to identify the BrightStar Care Agency Program and the businesses operating under it. Franchisees must discontinue using all Marks that Brightstar Care has modified or discontinued within 10 days after receiving written notice and promptly begin using such additional, modified, or substituted Marks at their expense.
As a Brightstar Care franchisee, you are required to notify Brightstar Care immediately of any suspected unauthorized use of the Marks, any challenge to their validity, or any challenge to the ownership or right to use the Marks. Brightstar Care has the sole right to direct and control any administrative proceeding or litigation involving the Marks, including the right to settle such proceedings. Franchisees must also cooperate fully with Brightstar Care in defending claims, suits, or demands and in protecting and maintaining their rights in the Marks.