Does the Buildingstars definition of 'Marks' include trade dress?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
- G. "Marks" means such service marks, trademarks, trade dress, trade names and any marks which may be considered confusingly similar thereto, as may presently exist, or which may be modified, changed, or acquired by BUILDINGSTARS or its Affiliates for use in connection with the operation of the Business as contemplated by this Agreement.
Currently, the Marks include "Buildingstars".
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars' 2025 Franchise Disclosure Document, the definition of "Marks" does include trade dress. The FDD defines "Marks" as service marks, trademarks, trade dress, trade names and any marks considered confusingly similar, whether existing now or modified in the future by Buildingstars. The current marks include "Buildingstars".
This definition is important for prospective franchisees because it clarifies the scope of intellectual property that Buildingstars owns and licenses to its franchisees. Franchisees must understand what constitutes the "Marks" to avoid infringement and to properly represent the Buildingstars brand. The franchisee is responsible for protecting Buildingstars' interest in the marks.
Buildingstars retains the right to modify or change the Marks at any time, and the franchisee is responsible for paying the costs associated with these changes. This could include updating signage, marketing materials, or other branded items to reflect the new Marks. Franchisees are required to promptly make any necessary changes to comply with Buildingstars' updated branding. This clause gives Buildingstars broad control over its brand identity and ensures consistency across all franchise locations.