How does Focalpoint Coaching regulate the use and display of Marks at the Office?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee may not use any Mark in advertising the transfer, sale, or other disposition of the Franchised Business or an ownership interest in Franchisee without Franchisor's prior written
consent, which Franchisor will not unreasonably withhold. Franchisee agrees to display the Marks prominently as Franchisor prescribes at the Office and on vehicles, forms, advertising, supplies, and other materials Franchisor designates. Franchisee agrees to give the notices of trade and service mark registrations that Franchisor specifies and to obtain any fictitious or assumed name registrations required under applicable law.
C. NOTIFICATION OF INFRINGEMENTS AND CLAIMS.
Franchisee agrees to notify Franchisor immediately of any apparent infringement or challenge to Franchisee's use of any Mark, or of any person's claim of any rights in any Mark, and not to communicate with any person other than Franchisor, Franchisor's attorneys, and Franchisee's attorneys, regarding any infringement, challenge, or claim. Franchisor may take the action Franchisor deems appropriate (including no action) and control exclusively any litigation, U.S. Patent and Trademark Office ("USPTO") proceeding, or other administrative proceeding arising from any infringement, challenge, or claim or otherwise concerning any Mark. Franchisee agrees to sign any documents and take any other reasonable action that, in the opinion of Franchisor's attorneys, are necessary or advisable to protect and maintain Franchisor's interests in any litigation or USPTO or other proceeding or otherwise to protect and maintain Franchisor's interests in the Marks.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching FDD, the franchisee must prominently display Focalpoint Coaching's Marks at the Office, as well as on vehicles, forms, advertising, supplies, and other designated materials. The franchisee must also provide notices of trade and service mark registrations as specified by Focalpoint Coaching and obtain any required fictitious or assumed name registrations under applicable law.
The franchisee is prohibited from using any Mark in advertising the transfer, sale, or other disposition of the Franchised Business or an ownership interest in Franchisee without Franchisor's prior written consent, which Franchisor will not unreasonably withhold.
Furthermore, the franchisee is required to notify Focalpoint Coaching immediately of any apparent infringement or challenge to the franchisee's use of any Mark, or of any person's claim of any rights in any Mark. The franchisee must not communicate with any person other than Focalpoint Coaching, Focalpoint Coaching's attorneys, and the franchisee's attorneys regarding any infringement, challenge, or claim. Focalpoint Coaching retains the right to take any action it deems appropriate, including no action, and controls exclusively any litigation, U.S. Patent and Trademark Office ("USPTO") proceeding, or other administrative proceeding concerning any Mark. The franchisee must sign documents and take reasonable actions necessary to protect Focalpoint Coaching's interests in any litigation or USPTO or other proceeding.