cross_section

What is the relationship between the Focus Cfo trademarks (Item 13) and the franchisee's obligations concerning advertising and marketing (Item 9)?

Focus_Cfo Franchise · 2025 FDD

Answer from 2025 FDD Document

ise Agreement.

ITEM 13

TRADEMARKS

Focus CFO grants Franchisees the non-exclusive right to provide CFO Services under the name "Focus CFO" and use the following marks:

You may also use any other current or future trade name, trademark, service mark or logo ("Marks") that we designate for your use, including the logo on the front of this Disclosure Document, to identify yourself as a Franchisee and in connection with providing the Focus CFO services. The Marks are either owned by Focus CFO or The CFO Company, LLC, a subsidiary of Focus CFO Holdings, LLC and licensed to be used by Focus CFO and our Franchisees. The identified trademark was registered on the United States Patent and Trademark Office ("USPTO") principal register on August 31, 2012 as Number 85/718,505. We have filed the necessary affidavits and renewal applications for the trademarks as required by the USPTO.

We know of no effective material determinations of the USPTO, Trademark Trial and Appeal Board, the trademark administrator or any state trademark administrator or any court, state or federal, involving or regarding our use of the Marks. We know of no pending infringement opposition or cancellation proceeding. We know of no pending material federal or state court litigation, regarding our use or ownership of the Marks. There are no agreements currently in effect that significantly limit our rights to use or license the use of the Marks in any manner material to the franchise. We know of no infringing or prior superior uses that could materially affect the use of the Marks in any state.

You must follow our rules when you use these Marks. You cannot use a name or mark as part of a corporate name or with modifying words, designs or symbols except for those which Focus CFO licenses to you. You may not use Focus CFO's registered name in connection with the sale of unauthorized products or services or in a manner not authorized in writing by Focus CFO.

You must notify Focus CFO immediately when you learn about an infringement of or challenge to your use of our trademark. Focus CFO will take the action we think appropriate. Focus CFO will defend any action brought against you to the extent that it is based on a claim that the trademark infringes upon the rights of a third party, valid and enforceable in the jurisdiction where the trademark is used, provided you notify us promptly in writing of any such claim. We have sole control of the defense and all negotiations for the settlement or compromise of such claim, and you shall cooperate with us in the defense or settlement of any claim. Focus CFO shall have no obligation to you for any claim of infringement based on a trademark that has been modified by a party other than Focus CFO, your use of the trademark with non-Focus CFO products or services, or your use of the trademark in a manner otherwise prohibited by the Franchise Agreement.

You must modify or discontinue the use of a trademark if Focus CFO modifies or discontinues it. We will have no liability or obligation, and you will have no right to compensation or otherwise, because of any discontinuation, modification or change. You must not directly or indirectly contest our right to our trademarks, trade secrets or business techniques that are part of our business.

ITEM 14

PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION

We do not own any patents that are material to the franchise. We do not have any pending applications that are material to the franchise.

We claim copyright protection for certain materials including, our Playbook, other training materials prepared by us, advertising and promotional materials, standard proposal and contract documents, professional services agreements and related materials that we produce. We have not registered any of these materials with the Copyright Office of the Library of Congress. These materials are proprietary and confidential and are our property. You may use them only as long as you are a franchisee and only as provided in the Franchise Agreement. We will have no liability or obligation to compensate you because of the discontinuation, modification or change of any item.

There are currently no effective determinations of the United States Copyright Office or any court regarding any of our materials, nor are any proceedings pending, nor are there any currently effective agreements between us and third parties pertaining to our copyrighted materials that will or may significantly limit your use of our materials.

What This Means (2025 FDD)

According to the 2025 FDD, Focus Cfo franchisees are granted the right to use the Focus Cfo trademarks to provide CFO services, but this right comes with specific obligations regarding advertising and marketing. Focus Cfo retains significant control over how its trademarks are used in advertising to maintain brand consistency and protect its brand image.

Focus Cfo has the sole discretion to promote the Focus CFO marks and system through advertising. While franchisees can develop their own advertising materials at their own cost, they must obtain written approval from Focus Cfo before using them. This includes any internet presence or email campaigns that utilize the Focus CFO marks or promote Focus Cfo services. Franchisees must also adhere to Focus Cfo's social media policy and obtain prior written approval to create any social networking account using the Focus CFO marks or promoting the Focus CFO services, other than personal accounts.

These stipulations ensure that all marketing efforts align with Focus Cfo's standards and protect the trademarks. Franchisees must also notify Focus Cfo immediately if they learn of any infringement or challenge to the use of the Focus CFO trademark. Focus Cfo will then take action it deems appropriate and will defend any action brought against a franchisee based on a claim that the trademark infringes upon the rights of a third party, provided the franchisee notifies Focus Cfo promptly in writing. However, Focus Cfo has no obligation for infringement claims based on unauthorized modifications or uses of the trademark.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.