What is the geographic scope of Fly To Fit's exclusive right to sublicense the trademarks to franchisees?

According to Fly To Fit's 2024 Franchise Disclosure Document, Fly To Fit has been granted the exclusive right to sublicense its trademarks to franchisees throughout the United States. This right is established through an Intercompany License Agreement between Fly To Fit and Tina Murphy, the owner of the trademarks. The agreement is perpetual, meaning it continues indefinitely unless modified by mutual consent or canceled under specific conditions. These conditions include Fly To Fit materially misusing the trademarks without correcting the misuse, or discontinuing commercial use of the trademarks for more than one year.

For a prospective Fly To Fit franchisee, this means that Fly To Fit has the legal authority to allow franchisees to use the Fly To Fit trademarks within the United States. This right is protected by the Intercompany License Agreement, which ensures that franchisees can continue using the trademarks even if the agreement is terminated. This provides a level of security for franchisees, as their right to use the brand's trademarks is not directly dependent on the ongoing relationship between Fly To Fit and its owner.

It's important to note that while Fly To Fit has the right to sublicense the trademarks, they do not have a federal registration for their principal trademark. This means that the trademark may not have as many legal benefits and rights as a federally registered trademark. If Fly To Fit's right to use the trademark is challenged, franchisees may be required to change to an alternative trademark, which could increase their expenses. However, an application for registration on the Principal Register of the United States Patent and Trademark Office has been filed.