What actions must a Buildingstars franchisee take to assist Buildingstars in protecting its trademarks?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Contest of Marks. FRANCHISEE will not directly or indirectly contest or aid in contesting the validity or ownership of the Marks, trade secrets, methods, procedures and advertising techniques which are part of the System, or contest BUILDINGSTARS and BUILDINGSTARS' Affiliates' right to register, use or license others to use such names and Marks, trade secrets, methods, procedures and techniques. FRANCHISEE will not at any time (whether during the term of this Agreement or after expiration or termination thereof) directly or indirectly commit an act of infringement. FRANCHISEE agrees to promptly notify BUILDINGSTARS of any claim, demand, or suit based upon or arising from any attempt by anyone else to use the Marks, or any colorable variation thereof. BUILDINGSTARS or BUILDINGSTARS' Affiliates shall have the sole discretion to determine if they will defend the use of the Marks, and they are not obligated to defend the Marks. BUILDINGSTARS or BUILDINGSTARS' Affiliates have the right to control any administrative proceeding or litigation involving the Marks. FRANCHISEE shall execute any and all instruments and documents, render assistance, and do such acts as may, in the opinion of BUILDINGSTARS' counsel, be necessary or advisable to protect the interests of BUILDINGSTARS or its Affiliates in any such litigation, or proceedings, or to otherwise protect and maintain the interest of BUILDINGSTARS or its Affiliates in the Marks.
- C. Change of Marks. BUILDINGSTARS shall have the right to change the Marks to be used by FRANCHISEE at any time and for any reason it deems appropriate. FRANCHISEE shall pay the costs associated with such change and shall make such necessary changes promptly.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Buildingstars Franchise Disclosure Document, franchisees have several obligations to assist Buildingstars in protecting its trademarks. Buildingstars franchisees cannot contest the validity or ownership of Buildingstars' marks, trade secrets, methods, procedures, and advertising techniques. They also cannot infringe on these trademarks.
If a Buildingstars franchisee becomes aware of any attempt by someone else to use the Buildingstars marks or a similar variation, they must promptly notify Buildingstars. However, Buildingstars has the sole discretion to decide whether or not to defend the use of their marks and are not obligated to do so. Buildingstars also has the right to control any administrative or legal proceedings involving the marks.
Furthermore, Buildingstars franchisees must execute any documents, provide assistance, and perform any actions that Buildingstars' counsel deems necessary to protect Buildingstars' interests in any litigation or proceedings related to the marks. Buildingstars also has the right to change the marks used by the franchisee at any time, and the franchisee is responsible for paying the costs associated with these changes and making the necessary updates promptly.
In practical terms, this means a Buildingstars franchisee must be vigilant in protecting the brand's intellectual property. They must also be prepared to adapt to changes in the brand's marks and contribute to legal efforts if required. These stipulations are fairly standard in franchising, as franchisors need to protect their brand identity, which is a critical component of the franchise system.