What specific service marks are included in the 'Marks' definition for a Buildingstars franchise?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
For purposes of this Agreement, the following terms shall have the meaning as set forth below and the definitions constitute an integral part of this Agreement:
- 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 the 2025 Buildingstars FDD, the term "Marks" encompasses service marks, trademarks, trade dress, trade names, and any similar marks that could cause confusion. These marks can be existing ones or those that Buildingstars or its affiliates may modify, change, or acquire for use in the cleaning business. Currently, the specific service mark included is "Buildingstars".
As a Buildingstars franchisee, you are granted the right to use these marks in accordance with the franchise agreement. It's important to recognize that Buildingstars owns the goodwill associated with these marks, and any goodwill generated from your use of them benefits Buildingstars. This means you're building value for the brand, not for yourself independently.
Buildingstars retains the right to operate businesses under these marks themselves, or allow its affiliates to do so, under any terms they deem appropriate. Your right to use the marks is non-exclusive. Unauthorized use of the Buildingstars marks can lead to legal repercussions, including injunctive relief, and Buildingstars does not have to post security to obtain such relief. All terms in the agreement that apply to the Marks also apply to any additional trademarks, service marks, and commercial symbols authorized for use by the franchisee.