Who owns the Principal Mark for Focalpoint Coaching?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
The Principal Mark is owned by Brian Tracy and Campbell Fraser (collectively, "Tracy and Fraser"). Tracy and Fraser have registered the Principal Mark on the Principal Register of the United States Patent and Trademark Office ("USPTO"). In addition to the Principal Mark, we filed the below applications for registration in the Principal Register of the USPTO. All required affidavits and renewal filings have been filed in connection with this registration.
Under an Amended and Restated License Agreement between Tracy and Fraser and FocalPoint International, dated January 12, 2016, Tracy and Fraser granted to FocalPoint International an exclusive, transferable license to (i) use the Principal Mark and to sublicense them for granting further licenses to use the Principal Mark and related FocalPoint materials and intellectual property in operating FocalPoint Franchised Businesses and FocalPoint AR Businesses; and (ii) modify, adapt and create derivative works of the Principal Mark and licensed intellectual property. The license agreement requires FocalPoint International to pay Tracy and Fraser a monthly license fee during the term of the license agreement. The license agreement between Tracy and Fraser and FocalPoint International is for a term of 10 years. If FocalPoint International is not in material default of the license agreement, FocalPoint International will have the right to renew the license agreement for consecutive successor terms of 10 years each. Either party has the right to terminate the license agreement with 90 days written notice to the other party due to the other party's material breach of the license agreement, unless the other party has taken reasonable measures to cure the breach within the 90 day notice period. Tracy and Fraser may also terminate the license agreement if FocalPoint International (i) files a petition of bankruptcy, (ii) is involuntarily placed in bankruptcy proceedings, (iii) comes under control of a receiver, (iv) becomes insolvent, (v) makes assignments for the benefits of creditors of all or part of its assets, (vi) undergoes liquidation or dissolution, or (vii) is unable to pay its debts in the normal course of business. The license agreement cannot be modified without the mutual consent of both parties. If the license agreement terminates or expires, FocalPoint International's license will terminate and FocalPoint Franchised Business franchise owners and FocalPoint AR Business franchise owners will no longer have the right to use the Principal Mark and related FocalPoint materials and intellectual property. No other agreement limits FocalPoint International's right to use or license the Principal Mark.
Source: Item 13 — Trademarks (FDD pages 38–40)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, the Principal Mark is owned by Brian Tracy and Campbell Fraser, collectively referred to as "Tracy and Fraser." They have registered the Principal Mark with the United States Patent and Trademark Office (USPTO). FocalPoint International, however, has been granted an exclusive, transferable license to use and sublicense the Principal Mark through an Amended and Restated License Agreement dated January 12, 2016.
This licensing agreement allows Focalpoint Coaching franchisees and FocalPoint AR Businesses to operate using the Principal Mark and related intellectual property. FocalPoint International is obligated to pay Tracy and Fraser a monthly license fee for this right. The initial term of the license agreement is 10 years, with renewal options for consecutive 10-year terms if FocalPoint International is not in material default.
The agreement outlines conditions under which the license can be terminated, including material breach by either party, or if FocalPoint International faces bankruptcy or insolvency. If the license agreement between Tracy and Fraser and FocalPoint International terminates or expires, Focalpoint Coaching franchise owners and FocalPoint AR Business franchise owners will lose the right to use the Principal Mark and related intellectual property. This highlights the importance of the ongoing relationship between Tracy and Fraser and FocalPoint International for the continued use of the brand's trademarks by franchisees.
This arrangement is fairly common in franchising, where the franchisor licenses trademarks from a separate entity. Prospective Focalpoint Coaching franchisees should understand the terms of this license agreement, particularly the conditions for termination and renewal, as these could ultimately affect their ability to operate under the Focalpoint Coaching brand.