Does Gokhale Method have federal registrations for the 'Primal Posture' trademark?
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 trademark 'Primal Posture' is not federally registered. While Gokhale Method does claim common-law rights to the words 'Primal PostureTM', it is explicitly listed among the 'Unregistered Marks'. This means that Gokhale Method does not have a federal registration for this specific trademark.
Because 'Primal Posture' lacks federal registration, it does not have the same legal protections as a federally registered trademark. This poses a risk to franchisees, as their right to use the trademark could be challenged. If such a challenge occurs, franchisees might be required to switch to an alternative trademark, potentially leading to increased expenses for new signage, marketing materials, and other branding updates.
Gokhale Method does have several registered trademarks with the United States Patent and Trademark Office (PTO), including APLOMB, POSITIVESTANCE, STRETCHSIT, GOKHALEMETHOD, DOWNTIMETRAINING, POSTURENOMICS, and GOKHALE. These registered trademarks provide Gokhale Method with certain presumptive legal rights. However, the absence of federal registration for 'Primal Posture' means franchisees using this mark face a higher risk of potential legal challenges and associated costs.
It is important for prospective Gokhale Method franchisees to understand the implications of using an unregistered trademark like 'Primal Posture'. While Gokhale Method states they have no knowledge of superior prior rights or infringing uses that could materially affect a franchisee's use of the marks, the lack of federal registration inherently carries more risk than using a registered mark. Franchisees should carefully consider this factor and discuss potential mitigation strategies with Gokhale Method.