Under what terms will Eos Worldwide sub-license the right to use the Marks to the franchisee?
Eos_Worldwide Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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.
Use of the Marks
You must follow our rules when you use the Marks. You may not use the Marks as part of your corporate or any other legal name unless we authorize such use in writing in advance. We must approve your business entity name and all fictitious names under which you propose to do business in writing before use. You must identify yourself using your name either alone or a fictitious name that is in accordance with our Franchise System Standards, as allowed or required under applicable law. You must promptly register your fictitious or assumed name at the state office as provided for by the laws of the state in which your Franchised Business is located and/or if required at the office of the county in which your Franchised
Business is located, as doing business under any such assumed business name as allowed under applicable law. You cannot use any Mark in connection with the performance or sale of any unauthorized services or products or in any other manner we have not expressly authorized in writing.
Source: Item 13 — TRADEMARKS (FDD pages 47–51)
What This Means (2025 FDD)
According to the 2025 Eos Worldwide Franchise Disclosure Document, Eos Worldwide will sub-license the right to use its Marks to operate a franchised business based on the terms outlined in the Franchise Agreement. Eos OpCo, the owner of the Marks, has granted Eos Worldwide a worldwide nonexclusive right to use and sublicense the Marks, Intellectual Property, and System for EOS Worldwide businesses through a license agreement effective for 99 years, unless terminated. Termination of this license agreement, however, does not affect existing Franchise Agreements.
The franchisee's use of the Marks must adhere to Eos Worldwide's rules. Franchisees cannot use the Marks as part of their corporate or legal name without prior written authorization from Eos Worldwide. The business entity name and any fictitious names must be approved in writing. Franchisees must identify themselves using their name or a fictitious name that complies with Eos Worldwide's Franchise System Standards and must register their fictitious or assumed name as required by state and local laws. The Marks can only be used for authorized services and products.
Franchisees are restricted from registering any of Eos Worldwide's Marks, or any confusingly similar variations, as Internet domain names. Eos Worldwide retains the sole right to advertise the EOS Franchise System online and to manage the website using the Marks. Franchisees are generally prohibited from linking to Eos Worldwide's website, conducting business online, or creating any Internet domain name related to their franchised business without explicit written authorization. Franchisees can only use designated Marks for operating and advertising their Franchised Business in an authorized manner, and all goodwill associated with the Marks benefits Eos Worldwide and its affiliates. Franchisees must use the Marks with the appropriate symbols as instructed by Eos Worldwide.
If Eos Worldwide decides to modify or discontinue any Mark, franchisees must comply with these changes within a reasonable time after receiving notice. The franchisee is responsible for the expenses of changing any materials used in their business operations due to these changes, and Eos Worldwide is not obligated to reimburse franchisees for any loss of revenue or expenses incurred in promoting a modified or substitute trademark. Franchisees must immediately notify Eos Worldwide of any infringement or challenge to the use of any Mark and must follow Eos Worldwide's instructions in handling such situations. Eos Worldwide has the right to control any litigation or proceedings related to the Marks, and franchisees must assist in protecting Eos Worldwide's interests in the Marks or Intellectual Property.