Can Focalpoint Coaching franchise owners use the marks in operating their franchised businesses?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
You may use certain Marks in operating the Franchised Business. The principal Mark (the "Principal Mark") is:
Under an Amended and Restated License Agreement between FocalPoint International and us dated February 1, 2016, FocalPoint International has licensed us the right to use the Marks and to sublicense them to our franchise owners to use in operating FocalPoint Franchised Businesses and FocalPoint AR Businesses. The license agreement between FocalPoint International and us is for a term of 10 years and will automatically renew for additional 10 year terms after the expiration of the initial term unless FocalPoint International or we terminate the
license or the license agreement between Tracy and Fraser and FocalPoint International terminates. However, termination of the license agreement will not affect existing franchise agreements and/or area representative agreements. No other agreement limits our right to use or license the Marks.
You must follow our rules when you use the Marks, including giving proper notices of trademark and service mark registration and obtaining fictitious or assumed name registrations required by law. You may not use any Mark in your corporate or legal business name; with modifying words, terms, designs, or symbols (except for those we license to you); in selling any unauthorized services or products; or as part of any domain name, homepage, electronic address, or otherwise in connection with a Website.
You must notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any person's claim of any rights in any Mark, and you may not communicate with any person other than us, our attorneys, and your attorneys, regarding any infringement, challenge, or claim. We and FocalPoint International may take the action we deem appropriate (including no action) and control exclusively any litigation, USPTO proceeding, or other administrative proceeding arising from any infringement, challenge, or claim. You must assist us and FocalPoint International in protecting and maintaining our interests in any litigation or USPTO or other proceeding. We need not participate in your defense and/or indemnify you for damages or expenses in a proceeding involving the Marks. At our option, we and FocalPoint International may defend and/or control the defense of any proceeding arising from your use of any Mark.
If it becomes advisable at any time for us and/or you to modify or discontinue using any Mark and/or to use one or more additional or substitute trade or service marks, you must comply with our directions within a reasonable time after receiving notice. We need not reimburse you for your direct expenses of changing the Franchised Business' signs, for any loss of revenue due to any modified or discontinued Mark, any loss of goodwill associated with any modified or discontinued Mark, or for your expenses of promoting a modified or substitute trademark or service mark.
Source: Item 13 — Trademarks (FDD pages 38–40)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, franchisees may use certain marks in operating their franchised business. Focalpoint International licenses Focalpoint Coaching the right to use the marks and sublicense them to franchise owners for use in their Focalpoint Coaching Franchised Businesses. Franchisees must adhere to Focalpoint Coaching's rules when using the marks, including providing proper trademark and service mark registration notices and obtaining any legally required fictitious or assumed name registrations.
However, franchisees are restricted in how they use the marks. They cannot use any mark in their corporate or legal business name, or with modifying words, terms, designs, or symbols, except those licensed to them. They also cannot use the marks in selling unauthorized services or products, or as part of any domain name, homepage, electronic address, or otherwise in connection with a website. Franchisees must notify Focalpoint Coaching immediately of any apparent infringement or challenge to their use of any mark or any claim of rights in any mark.
Focalpoint Coaching and Focalpoint International have the right to take any action they deem appropriate regarding any infringement, challenge, or claim, including controlling any related litigation or proceedings. Franchisees are required to assist Focalpoint Coaching and Focalpoint International in protecting and maintaining their interests in any litigation or proceeding. If Focalpoint Coaching and/or the franchisee need to modify or discontinue using any mark or use substitute marks, the franchisee must comply with Focalpoint Coaching's directions within a reasonable time after receiving notice. Franchisees are not entitled to reimbursement for expenses related to changing signs, loss of revenue, loss of goodwill, or promoting a modified or substitute trademark or service mark.