factual

What are the requirements for Brightstar Care franchisees regarding trademark and service mark registrations and copyright notices?

Brightstar_Care Franchise · 2025 FDD

Answer from 2025 FDD Document

licies posted on the website. We may use part of the monies from the Funds we collect under this Agreement to pay or reimburse the costs associated with developing, maintaining, and updating the website. You also must participate in any System-wide intranet system or extranet we implement.

8.5.2 We are the lawful, rightful, and sole owner of the Internet domain names www.brightstarcare.com and www.careers.brightstarcare.com (as described in Section 1.6.3), and any other Internet domain names we register. You unconditionally disclaim any ownership interest in those or any similar Internet domain name. You may not register any Internet domain name in any class or category that contains words used in or similar to any brand name owned by us or our affiliates, the names or likeness of any BrightStar Franchising, LLC executive or employee or BrightStar Technology Group, LLC executive or employee, or any abbreviation, acronym, phonetic variation, or visual variation of those words.

9. MODIFICATIONS.

9.1 Modifications to the BrightStar Care Agency Program

The business environment affecting our franchise program is continually changing. We may develop other business activities or modify existing business activities in response to changes in the business environment, including those resulting from technological advances, e-commerce, expansion into new markets, changes in government reimbursement for home care services, and other factors that may not presently be anticipated. We reserve the right to change or modify the Licensed Marks, the Agency concept, the Operations Manual, and any proprietary software we require you to use. We may adopt and use new or modified trade names, trademarks, service marks, logos, equipment, software, products, techniques, or concepts. We may add new and different services and products, withdraw services or products, or change their names or image; redesign the trade dress, software programs, and equipment or fixture standards; or discontinue them as we deem appropriate. You must accept and use the changes as if they were part of this Agreement. If

changes are related to the Licensed Marks, then you will have one hundred twenty (120) days from the date of notice to implement any such changes under this Section 9.1.

9.2 Test Marketing

If we permit you to participate in any new service or product concept test, you must do so in compliance with our standards and requirements.

9.3 Dual Branding

We may co-brand one or more concepts with BrightStar ("Dual Branding"). Dual Branding may involve changes to the Licensed Marks and the Agency. If Dual Branding occurs, the scope and type of Dual Branding may vary in different markets. If we elect to conduct Dual Branding in the market in which your Agency is located, we will notify you regarding the contemplated Dual Branding. You will be required to implement Dual Branding at the Agency at your expense within the time period specified in the notice. Notwithstanding anything in this Section 9.3 to the contrary, however, we may elect not to make the Dual Branding opportunity available to you. You will have one hundred twenty (120) days from the date of notice to implement any such changes under this Section 9.3.

**10.

Source: Item 22 — CONTRACTS (FDD pages 117–118)

What This Means (2025 FDD)

According to Brightstar Care's 2025 Franchise Disclosure Document, franchisees must acknowledge that Brightstar Care and its affiliates have developed and maintain an integrated management system that includes a web management system under the domain name www.brightstarcare.com. As a franchisee, you must unconditionally disclaim any ownership interest in this domain name or any similar internet domain name. You are prohibited from registering any internet domain name that contains words used in or similar to any brand name owned by Brightstar Care or its affiliates, the names or likeness of any BrightStar Franchising, LLC or BrightStar Technology Group, LLC executive or employee, or any abbreviation, acronym, phonetic variation, or visual variation of those words.

Brightstar Care retains the right to modify the Licensed Marks, the Agency concept, the Operations Manual, and any proprietary software. This includes the right to adopt new or modified trade names, trademarks, service marks, logos, equipment, software, products, techniques, or concepts. Franchisees are required to accept and use these changes as if they were part of the original agreement. If changes are related to the Licensed Marks, franchisees will have 120 days from the date of notice to implement such changes.

Upon termination or expiration of the franchise agreement, franchisees must cease using all telephone numbers and listings used in operating the Franchised Business and direct the telephone company to transfer all such numbers. Franchisees also cannot identify themselves as a current or former Brightstar Care Agency or use any Licensed Mark or anything confusingly similar to suggest a connection with Brightstar Care. This includes trade dress, trade names, trademarks, service marks, or other commercial symbols.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.