What rights does Fitstop IP Pty Limited, the TM Owner, hold?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
Both we and Affiliate Franchisor have the right to license the Proprietary Marks in connection with our respective franchise systems pursuant to a license agreement with our affiliate, Fitstop IP Pty Limited (the "TM Owner"), an Australia company with a business address at 51 Manilla Street, East Brisbane, Queensland 4169, Australia. TM Owner holds the ownership rights associated with the Proprietary Marks and certain other System intellectual property, and licenses the same to us as disclosed more fully in Item 12 of the Disclosure Document.
Source: Item 1 — THE FRANCHISOR, AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 7–9)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, Fitstop IP Pty Limited (the "TM Owner") holds the ownership rights associated with the Proprietary Marks and certain other System intellectual property. This Australian company licenses these rights to both Fitstop USA, Inc. and Fitstop Australia Pty Ltd, enabling them to operate and franchise the Fitstop business. The TM Owner's business address is 51 Manilla Street, East Brisbane, Queensland 4169, Australia.
For a prospective franchisee, this means that Fitstop USA, Inc. has the legal right to grant you a franchise using the Fitstop brand name, logos, and other intellectual property. This right is secured through a license agreement with Fitstop IP Pty Limited, the ultimate owner of these assets. Understanding this structure is important, as it clarifies the relationship between the various entities involved in the Fitstop franchise system.
It's also worth noting that Fitstop Australia Pty Ltd, an affiliate of Fitstop USA, Inc., also licenses the Proprietary Marks from Fitstop IP Pty Limited. As of December 31, 2023, there were 125 franchises open and operating under these marks pursuant to an agreement with Affiliate Franchisor. This demonstrates that the intellectual property has been used to support a substantial number of existing franchises. Item 12 of the FDD provides further details about the license agreement between Fitstop USA, Inc. and Fitstop IP Pty Limited.