factual

What principal trademarks does the Deka Lash franchise agreement license to franchisees?

Deka_Lash Franchise · 2024 FDD

Answer from 2024 FDD Document

[Item 13: TRADEMARKS]

The franchise agreement licenses to you the right to use the following principal trademarks ("Marks") registered or applied for with the U.S. Patent and Trademark Office ("USPTO"):

Description of Mark Principal or Supplemental Register of the USPTO Registration Registration Date
Number
Deka Lash Principal 5079356 November 8, 2016
DEKALASH Principal 5739771 April 30, 2019
Principal 6238949 January 4, 2021

Source: Item 13 — TRADEMARKS (FDD pages 44–45)

What This Means (2024 FDD)

According to Deka Lash's 2024 Franchise Disclosure Document, the franchise agreement grants franchisees the right to use specific principal trademarks that are registered with the U.S. Patent and Trademark Office (USPTO). These trademarks are referred to as "Marks" within the agreement.

The trademarks licensed to Deka Lash franchisees include "Deka Lash" (Registration Number 5079356, registered on November 8, 2016), "DEKALASH" (Registration Number 5739771, registered on April 30, 2019), and another trademark (Registration Number 6238949, registered on January 4, 2021). These trademarks are registered on the Principal Register of the USPTO.

DL IP Holdings, LLC owns the trademarks and licenses them to Deka Lash through a written License Agreement effective July 6, 2019, and amended on August 19, 2019. This agreement has one-year terms that automatically renew unless either party terminates it with a 30-day written notice. A potential risk for franchisees is that if this License Agreement were terminated, they could lose the right to use these licensed trademarks. Franchisees must use the Marks according to Deka Lash's specifications and standards and cannot use "Deka" or "Deka Lash" as part of a corporate or LLC name, although "Deka Lash" followed by an entity number is allowed as a "doing business as" name. Franchisees are also prohibited from using the Marks to sell unauthorized products or services.

If a franchisee learns of any claims of infringement related to the Marks, they must promptly notify Deka Lash. Deka Lash has the sole right to control any administrative proceedings or litigation involving these trademarks and is not obligated to defend or indemnify the franchisee in such proceedings. Franchisees are responsible for any expenses incurred if Deka Lash requires them to adopt new marks due to discontinuation or modification of existing ones.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.