According to the Fitstop agreement, what are the 'Marks and IP'?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
We have a license to use, and license System Business owners the right to use, the Proprietary Marks and other intellectual property associated with our Franchise System (collectively, the "Marks and IP").
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the 'Marks and IP' refers to the Proprietary Marks and other intellectual property associated with the Fitstop Franchise System. The Proprietary Marks include the current proprietary marks, logos, associated taglines, names, and trade dress that Fitstop designates, including the primary mark FITSTOP®.
Fitstop grants franchisees the right to use these Marks and IP, but this use must strictly comply with the franchise agreement, the Franchise System, and the manuals, as updated or modified by Fitstop. Franchisees are prohibited from taking any action that could interfere with Fitstop's Marks and IP and cannot apply for registration or protection of similar items without prior written consent. Franchisees also cannot contest Fitstop's ownership or the legal validity of any Mark or IP associated with the Franchise System.
Franchisees must immediately notify Fitstop of any infringement claims resulting from the use of the Marks and IP. Fitstop has sole discretion over any action taken regarding such matters, and franchisees must join any legal or administrative action if directed by Fitstop. Fitstop may also modify or discontinue the use of its trademarks, service marks, and patents, without reimbursing franchisees for any associated costs. All visual and printed matter used by the franchisee must conform to Fitstop's brand standards and manuals.