What are the 'Marks' currently used by Buildingstars?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
For purposes of determining ownership in a franchise, the interests owned by a husband and wife shall be considered one interest, and both husband and wife shall be obligated hereunder, regardless of whether the interest is owned by just one spouse or both spouses.
F. "Interest" means: (a) this Agreement or the rights under this Agreement; (b) the rights in the Business; (c) an individual's rights as an owner of the Business (including any owner's stock, partnership interest, limited liability company, or other ownership interest); (d) any option, call, warrant, conversion rights or rights to acquire any equity or voting interest in FRANCHISEE; (e) any security interest, lien, pledge, mortgage, or other encumbrance of any of the foregoing Interest; or (f) any right to control, operate or manage the Business.
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".
- H. "Monthly Contract Revenues" means total amount due from a customer account derived from the sale of goods or the performance of any cleaning services or cleaning related activity, less any applicable taxes imposed on the sale of goods or services.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, the 'Marks' currently in use include "Buildingstars". The document also states that 'Marks' encompass service marks, trademarks, trade dress, trade names, and any marks that could be considered confusingly similar. These marks may exist presently or be modified, changed, or acquired by Buildingstars or its affiliates for use in connection with the operation of the Business.
Buildingstars retains the right to modify these marks at any time, for any reason they deem appropriate. The franchisee is responsible for covering the costs associated with any such changes and must implement the necessary modifications promptly. This means a Buildingstars franchisee may need to update signage, marketing materials, and other branded items at their own expense if Buildingstars decides to change its marks.
The franchisee acknowledges that "Buildingstars" is a valid service and/or trademark licensed to Buildingstars. The franchisee recognizes the goodwill associated with the marks and agrees to use them only as specifically licensed in the agreement. Any unauthorized use of the marks by the franchisee constitutes a breach of the agreement and an infringement of Buildingstars' rights. The franchisee also agrees not to contest the validity or ownership of the marks or Buildingstars' right to register, use, or license them to others.
Buildingstars maintains control over the marks and can change them at any time. This gives Buildingstars flexibility in branding and marketing but places the burden of adaptation costs on the franchisee. Prospective franchisees should be aware of this potential expense and factor it into their financial planning. They should also ensure they understand the specific guidelines for using the marks to avoid any unauthorized use that could lead to legal issues.