Does Gokhale Method claim common-law rights to the stylized design of a tree?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
We also claim common-law rights to the stylized design of a tree as well as to the words "Primal PostureTM", "Gokhale Pain Free ChairTM", "Pendo PressTM", "SpineTrackerTM", and "PostureTrackerTM" (the "Unregistered Marks") that we use in connection with our trade names. We do not have federal registrations for the Unregistered Marks. Therefore, these trademarks do not have the legal benefits and rights they would have as a federally registered trademark. If our right to use these trademarks is challenged, you may have to change to an alternative trademark, which may increase your expenses.
Source: Item 13 — TRADEMARKS (FDD pages 24–25)
What This Means (2024 FDD)
According to Gokhale Method's 2024 Franchise Disclosure Document, the company claims common-law rights to the stylized design of a tree. They also claim common-law rights to the words "Primal PostureTM", "Gokhale Pain Free ChairTM", "Pendo PressTM", "SpineTrackerTM", and "PostureTrackerTM". These marks are used in connection with their trade names but are not federally registered.
Because these marks are unregistered, they do not have the same legal protections as federally registered trademarks. This means that Gokhale Method's right to use these trademarks, including the stylized tree design, could be challenged. If such a challenge occurs, a franchisee might be required to switch to an alternative trademark.
Switching trademarks could lead to increased expenses for the franchisee, as they would need to update signage, marketing materials, and other branded items. However, the FDD does not specify who would bear these costs in the event of a required change. It is important for a prospective franchisee to understand the implications and potential costs associated with using unregistered trademarks and to discuss trademark protection with Gokhale Method during their due diligence.