Does the Creative World School franchise agreement include exclusive rights to the trademarks?
Creative_World_School Franchise · 2025 FDDAnswer from 2025 FDD Document
We license the non-exclusive, worldwide right to use, and grant others the right to use, the Marks from CWSI under an agreement containing a perpetual term. CWSI has the right to terminate our and your use of the Marks if we engage in unauthorized use of the Mark or fail to police its use.
Source: Item 13 — TRADEMARKS (FDD pages 48–50)
What This Means (2025 FDD)
According to the 2025 Creative World School Franchise Disclosure Document, franchisees are granted a non-exclusive right to use Creative World School's trademarks. The primary trademarks include the "Creative World School®" service mark and the Children And Globe® Design service mark, along with associated designs and trade dress. CWSI owns these marks and licenses their use worldwide. This license is non-exclusive, meaning Creative World School retains the right to license the marks to others.
This non-exclusive license means that Creative World School franchisees will not have a protected territory regarding the use of the trademarks. Creative World School retains the right to license the trademarks to other franchisees or even use them themselves in any location. This is a common practice in franchising, although some franchise systems do offer exclusive territories.
Creative World School also has the right to terminate a franchisee's use of the marks if the franchisee engages in unauthorized use or fails to properly police its use. Franchisees must also adhere to Creative World School's rules regarding trademark usage, which include not using any mark as part of their corporate or legal business name or with modifying words, designs, or symbols, except those specifically licensed. Franchisees are also obligated to notify Creative World School immediately of any potential trademark infringements or challenges.