Where is the principal mark for Focalpoint Coaching registered?
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 registered with the United States Patent and Trademark Office (USPTO). The principal mark is owned by Brian Tracy and Campbell Fraser, who have registered it on the Principal Register of the USPTO.
Focalpoint International, the entity that licenses the Focalpoint Coaching franchise, has an exclusive, transferable license from Tracy and Fraser to use the principal mark and to sublicense it to franchisees. This license is granted under an Amended and Restated License Agreement dated January 12, 2016. Focalpoint International also has the right to modify, adapt, and create derivative works of the principal mark and licensed intellectual property.
As a Focalpoint Coaching franchisee, you are permitted to use certain marks in operating your franchised business. However, you must adhere to Focalpoint Coaching's rules regarding trademark usage, including providing proper notices of trademark and service mark registration. You are prohibited from using any mark in your corporate or legal business name, with modifying words or symbols (except those licensed to you), in selling unauthorized services or products, or as part of any domain name or website address.