Can Degree Wellness change the trademarks, service marks, and commercial symbols associated with the 'Marks'?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- e. All provisions of this Agreement applicable to the Marks will apply to any additional trademarks, service marks, commercial symbols, designs, artwork, or logos we may authorize and/or license you to use during the Term of this Agreement.
- f. Degree Wellness has invested substantial time, energy, and money in the promotion and protection of its Marks as they exist on the date of this Agreement. However, rights in intangible property such as the Marks are often difficult to establish and defend. In addition, other circumstances, such as changes in the cultural and economic environment within which the System operates, changes in marketing or other strategies, or third-party challenges to Degree Wellness's rights in the Marks, may make changes in the Marks desirable or necessary. Degree Wellness therefore reserves the right to change its Marks and the specifications for each when we believe that such changes will benefit the System. You will promptly conform at your own expense, to any such changes. Degree Wellness need not reimburse you for any loss of revenue due to any modified or discontinued Mark or for your expenses in changing to, or promoting, a modified or substitute trademark or service mark.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, Degree Wellness retains the right to modify its trademarks, service marks, commercial symbols, designs, artwork, or logos, referred to as the "Marks," if they believe such changes will benefit the franchise system. These changes may be influenced by factors such as shifts in the cultural and economic landscape, adjustments in marketing strategies, or challenges from third parties regarding Degree Wellness's rights to the Marks.
As a franchisee, you are obligated to promptly implement these changes at your own expense. This includes adapting your signage, marketing materials, and any other elements that display the Marks to align with the updated specifications provided by Degree Wellness.
Degree Wellness is not responsible for reimbursing you for any financial losses resulting from modified or discontinued Marks, nor will they cover the expenses you incur in updating to or promoting a modified or substitute trademark or service mark. This means that franchisees must be prepared to absorb the costs associated with rebranding efforts initiated by Degree Wellness. This is a fairly standard practice in franchising, where the franchisor maintains control over the brand's image and identity.