If a Deka Lash franchisee develops inventions for the system, does Deka Lash have the right to trademark them?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
- 7.9 No Confusingly Similar Marks.
You agree not to use any marks that could be confused with our Marks.
- 7.10 Update to our Marks.
We may replace, modify, or add to our Marks.
- 3.17 All Other Rights Reserved. Except as provided in this Section 3 of this Agreement, the parties agree and acknowledge that the rights granted in this Agreement are non-exclusive and that we and our affiliates reserve all other rights not expressly granted to you herein.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
Based on the 2024 Deka Lash Franchise Disclosure Document, it is not explicitly stated whether Deka Lash has the right to trademark inventions developed by a franchisee. However, the agreement specifies that franchisees cannot use marks confusingly similar to Deka Lash's marks and that Deka Lash may update their marks. Additionally, Deka Lash reserves rights not expressly granted to the franchisee.
This implies that while franchisees are expected to adhere to Deka Lash's branding and trademark standards, the FDD does not directly address the ownership of new trademarks for inventions created by franchisees. Deka Lash retains the right to modify or add to their existing trademarks, suggesting they maintain control over the brand's image and associated intellectual property.
A prospective franchisee should seek clarification from Deka Lash regarding the ownership and trademark rights related to any inventions or improvements they develop for the Deka Lash system. Understanding these rights is crucial for franchisees who may innovate and contribute to the brand's evolution, ensuring they are aware of how their contributions will be treated in terms of intellectual property ownership.