Are there any agreements that significantly limit Eos Worldwide's rights to use the Marks?
Eos_Worldwide Franchise · 2025 FDDAnswer from 2025 FDD Document
We have the right to the use, license and sublicense the Marks as well applicable copyrights, patents, know-how and trade secrets owned and developed by EOS OpCo (including any intellectual property developed by us, the "Intellectual Property"), under a license agreement between us and EOS OpCo (the "License Agreement"). On February 15, 2021, EOS OpCo licensed to us a worldwide nonexclusive right to use, and sublicense the use of, the Marks, Intellectual Property and System in connection with the offer, sale and operation of EOS Worldwide businesses. The License Agreement is for a term of 99 years unless EOS OpCo or we terminate the license. However, termination of the license agreement will not affect existing Franchise Agreements. We will sub-license to you the right to use the Marks to operate your Franchised Business upon the terms of your Franchise Agreement.
With the exception of the License Agreement, there are no agreements currently in effect which significantly limit our rights to use or sub-license the use of the Marks in a manner material to your Franchised Business. There are no currently effective adverse material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, nor are there any pending infringement, cancellation or opposition proceedings or material litigation against us or our affiliates, involving the Registered Marks.
We may occasionally add additional trademarks for use with EOS Franchised Businesses which may not be federally registered, and those additions will be considered part of the Marks, will be licensed to you, and will be subject to the restrictions discussed below. If additional trademarks do not have a federal registration, those trademarks would not have many legal benefits and rights as those available for a federally registered trademark. If our right to use such a trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
Source: Item 13 — TRADEMARKS (FDD pages 47–51)
What This Means (2025 FDD)
According to the 2025 Eos Worldwide Franchise Disclosure Document, the only agreement that significantly limits Eos Worldwide's rights to use or sublicense its marks is a license agreement with EOS OpCo. On February 15, 2021, EOS OpCo granted Eos Worldwide a worldwide, nonexclusive right to use and sublicense the Marks, Intellectual Property, and System for EOS Worldwide businesses. This license agreement has a term of 99 years, but can be terminated by either EOS OpCo or Eos Worldwide; however, the termination will not affect existing Franchise Agreements.
With the exception of the License Agreement with EOS OpCo, Eos Worldwide states that there are no other agreements that significantly limit their rights to use or sublicense the Marks in a way that would be material to a franchisee's business. Additionally, Eos Worldwide states that there are no current adverse material determinations from the USPTO, the Trademark Trial and Appeal Board, any state trademark administrator, or any court. There are also no pending infringement, cancellation, or opposition proceedings or material litigation against Eos Worldwide or its affiliates involving the Registered Marks.
It is important to note that while Eos Worldwide intends to renew registrations and file affidavits for its trademarks, some of its principal trademarks do not have federal registration. This means that these trademarks do not have the same legal benefits and rights as federally registered trademarks. If the right to use these trademarks is challenged, franchisees may have to switch to an alternative trademark, which could increase their expenses. Eos Worldwide may also add additional trademarks for use with EOS Franchised Businesses that may not be federally registered, which would also be subject to these risks.