What does Eos Worldwide mean by 'Marks' in the context of the franchise agreement?

According to Eos Worldwide's 2025 Franchise Disclosure Document, the term "Marks" refers to the trade names, trademarks, service marks, and logos used to identify Eos Worldwide and its products and services. The primary mark is "EOS®," but franchisees may also use other marks designated by Eos Worldwide in writing. These marks are used in connection with the operation of the franchised business. The marks include registered trademarks with the United States Patent & Trademark Office (USPTO) and marks with pending registration applications.

The franchisee's use of the Marks is subject to specific rules and guidelines set by Eos Worldwide. Franchisees cannot use the Marks as part of their corporate or legal name without prior written authorization. They must also register any fictitious or assumed names used for their business as required by state and local laws. The franchisee is prohibited from using any Mark in connection with unauthorized services or products or in any manner not expressly authorized by Eos Worldwide in writing. Eos Worldwide retains the sole right to advertise the EOS Franchise System on the Internet and to manage any website using the Marks.

Eos Worldwide or its affiliates own the domain name www.eosworldwide.com, and franchisees are restricted from registering any of the Marks, or confusingly similar names, as Internet domain names. Franchisees are required to notify Eos Worldwide immediately of any apparent infringement or challenge to the use of any Mark. Eos Worldwide has the exclusive right to control any litigation or administrative proceeding arising from infringement, challenge, or claim relating to any Mark. Franchisees must assist in protecting Eos Worldwide's interests in any legal proceedings.

Eos Worldwide may modify or discontinue the use of any Mark, and franchisees must comply with these changes within a reasonable time after receiving notice. The franchisee is responsible for the expense of changing any materials used in the operation of their franchised business due to these changes. Eos Worldwide is not obligated to reimburse the franchisee for any loss of revenue or expenditures related to promoting a modified or substitute trademark or service mark. This means that franchisees need to be prepared to adapt to changes in branding and marketing strategies, potentially incurring costs for new materials and promotions.