What are the principal trademarks that C3 Wellness Spa franchisees will use in the operation of their franchised business?

According to C3 Wellness Spa's 2024 Franchise Disclosure Document, franchisees are granted a license to use the "C3 Wellness" trademark, among other designated marks. These marks are owned by Aryes IP LLC, which licenses them to the franchisor, who in turn licenses them to the franchisees. The franchisor retains the right to modify the marks used in the franchised business and specifies that franchisees may only use the licensed marks as authorized in writing and under the terms of the Franchise Agreement. Franchisees are prohibited from using the licensed marks in the name of any corporate entity they establish.

The principal trademarks registered with the United States Patent and Trademark Office (USPTO) that form part of the Licensed Marks and the C3 Wellness Spa system include the "C3 Wellness" word mark, registered under USPTO Registration Number 6840804 with a registration date of September 6, 2022, and again under number 7035862 with a registration date of April 25, 2023 as a composite mark. The franchisor states that all required affidavits have been filed with the USPTO for these marks, and franchisees will generally use these marks in their business operations unless otherwise specified.

C3 Wellness Spa also states that there are no current material determinations by the USPTO, the Trademark Trial and Appeal Board, any court, or any state trademark administrator regarding their principal trademarks. Furthermore, there are no pending infringement, opposition, or cancellation proceedings, nor any pending litigation involving their principal marks. The franchisor is unaware of any superior rights or infringing uses that could materially affect a franchisee's use of the principal marks. Franchisees must notify the franchisor of any claims regarding the Licensed Marks, and the franchisor maintains exclusive discretion over any action taken in response to infringement or claims. The franchisor will protect the franchisee's right to use the Licensed Marks, provided such use complies with the Franchise Agreement and manuals, and will indemnify franchisees against direct damages for trademark infringement under certain conditions. However, if a third party establishes superior rights to the Licensed Marks, the franchisor may modify or replace the marks, and the franchisee must comply with these changes, with the franchisor covering direct out-of-pocket costs for alterations like signage and marketing materials.