What are the implications if Degree Wellness does not have federal registration for all of its principal trademarks?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not have a federal registration for all of our principal trademarks. Therefore, some of our trademarks do not have many legal benefits and rights as a federally registered trademark. If our right to use the trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
Source: Item 13 — Trademarks (FDD pages 45–47)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, the company does not have federal registration for all of its principal trademarks. This means that some of Degree Wellness's trademarks may not have the same legal protections as federally registered trademarks. As a result, if the right to use a trademark is challenged, franchisees may be required to switch to an alternative trademark.
This situation carries potential risks for a prospective Degree Wellness franchisee. Having to change a trademark can lead to increased expenses, as it may involve rebranding efforts, new signage, and marketing material updates. These costs would be the responsibility of the franchisee, potentially impacting their profitability.
While Degree Wellness states they are unaware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the marks, they cannot guarantee exclusive or superior rights to the marks in all geographic areas. This uncertainty means there's a possibility that a franchisee could face legal challenges regarding trademark usage, despite operating under the Degree Wellness brand. Prospective franchisees should conduct their own due diligence and consider consulting with an attorney to assess the potential risks associated with the trademarks before investing in a Degree Wellness franchise.