Is the Buildingstars Franchise Agreement governed by the U.S. Trademark Act of 1946?

According to Buildingstars's 2025 Franchise Disclosure Document, the Franchise Agreement is governed by the U.S. Trademark Act of 1946 (Lanham Act, 115 U.S.C. 1051) to some extent. Specifically, the agreement states that it will be governed by the laws of the State of Missouri, except to the extent that the agreement or any particular dispute is governed by the U.S. Trademark Act of 1946.

This means that federal trademark law, specifically the Lanham Act, will take precedence over Missouri state law when trademark issues or disputes arise under the Buildingstars Franchise Agreement. This is a fairly standard provision in franchise agreements, as trademark protection is crucial for maintaining brand consistency and preventing infringement.

For a prospective Buildingstars franchisee, this clause ensures that their rights and responsibilities regarding the use of Buildingstars's trademarks are protected under federal law. It also means that any legal disputes involving trademarks may be subject to federal court jurisdiction, in addition to or instead of Missouri state courts. Franchisees should be aware of the implications of both federal and state laws regarding trademarks and how they apply to their operation of a Buildingstars franchise.