Who licenses the Marks to the Franchisor for Focalpoint Coaching?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
5. MARKS.
A. OWNERSHIP AND GOODWILL OF MARKS.
FocalPoint International, Inc., a Delaware corporation ("FocalPoint International") has licensed the Marks to Franchisor to use in connection with the franchising, development, and operation of FocalPoint Franchised Businesses. Franchisee's right to use the Marks is derived only from this Agreement and limited to Franchisee's operation of the Franchised Business according to this Agreement and all System Standards Franchisor prescribes during its term. Franchisee's unauthorized use of the Marks is a breach of this Agreement and infringes Franchisor's and FocalPoint International's rights in the Marks. Franchisee acknowledges and agrees that Franchisee's use of the Marks and any goodwill established by that use are exclusively for Franchisor's and FocalPoint International's benefit and that this Agreement does not confer any goodwill or other interests in the Marks upon Franchisee (other than the right to operate the Franchised Business under this Agreement). All provisions of this Agreement relating to the Marks apply to any additional proprietary trade and service marks Franchisor authorizes Franchisee to use. Franchisee may not at any time during or after this Agreement's term or any renewal term contest or assist any other person in contesting the validity, or Franchisor's and FocalPoint International's ownership, of the Marks.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, FocalPoint International, Inc., a Delaware corporation, licenses the Marks to the Franchisor. These marks are to be used in the context of franchising, development, and operation of Focalpoint Coaching Franchised Businesses.
The agreement specifies that a franchisee's right to utilize these Marks is strictly derived from the Franchise Agreement. This right is limited to the operation of the Franchised Business in accordance with the agreement and all System Standards prescribed by Focalpoint Coaching during the term of the agreement. Any unauthorized use of the Marks by the franchisee constitutes a breach of the agreement and an infringement on the rights of both Focalpoint Coaching and FocalPoint International.
The agreement emphasizes that the franchisee's use of the Marks and any goodwill established through that use are exclusively for the benefit of Focalpoint Coaching and FocalPoint International. The agreement explicitly states that it does not confer any goodwill or other interests in the Marks upon the franchisee, other than the right to operate the Franchised Business under the terms of the agreement. This ensures that the brand equity remains with Focalpoint Coaching and FocalPoint International, not with individual franchisees.