What is the primary mark that Fitstop designates to identify a franchised business?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
We grant you a limited, non-exclusive license to use our then-current Proprietary Marks (or "Marks") we designate to identify your Franchised Business, such as our current primary mark FITSTOP® and certain other Marks we authorize at this time provided you use these Marks as outlined in your Franchise Agreement(s) and our Manuals.
As of the Issue Date our affiliate, Fitstop IP Pty. Ltd. (the "TM Owner"), owns the following marks that are registered on the Principal Register of the United States Patent and Trademark Office ("USPTO"):
| Mark | Registration No. | Registration Date |
|---|---|---|
| FITSTOP® | 7,077,393 | June 13, 2023 |
| FITSTOP® | 7,288,609 | January 23, 2024 |
Source: Item 13 — TRADEMARKS (FDD pages 37–38)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the primary mark that Fitstop designates to identify a franchised business is FITSTOP®. The FDD specifies that franchisees are granted a limited, non-exclusive license to use the Proprietary Marks, including the primary mark FITSTOP®, to identify their franchised business. The use of these marks must align with the guidelines outlined in the Franchise Agreement and the brand's manuals. As of the issue date of the FDD, the trademark owner, Fitstop IP Pty. Ltd., owns the registered FITSTOP® marks with the United States Patent and Trademark Office (USPTO). Specifically, the mark FITSTOP® is registered under registration number 7,077,393 with a registration date of June 13, 2023, and under registration number 7,288,609 with a registration date of January 23, 2024.
Fitstop franchisees must adhere strictly to the brand's standards and instructions regarding the use of the marks. The goodwill associated with the marks remains the exclusive property of Fitstop, and any increase in goodwill during the franchise agreement term benefits Fitstop. Upon expiration or termination of the Franchise Agreement, all rights to use the marks automatically revert to Fitstop without any cost or required documentation.
Fitstop retains significant control over its trademarks, including the right to require franchisees to modify or discontinue using any of the marks and to add new names, designs, logos, or commercial symbols. These changes can be imposed at Fitstop's sole discretion, and franchisees are responsible for all costs associated with conforming to these changes, including updating signage and marketing materials. Franchisees are also prohibited from using any portion of the marks as part of their company name without prior written consent and are required to notify Fitstop of any unauthorized use of the marks.