Where can a Gokhale Method franchisee find the specific Marks designated for their use?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
We have developed a method for restoring Primal PostureTM as evidenced by young children, our ancestors and people in non-industrial cultures (the "Gokhale Method®") as well as materials, procedures and protocols for teaching the Gokhale Method (the "Gokhale System") as well as materials, procedures and protocols for operating a business teaching it (the "Gokhale Way") under trademarks and trade names that we or our affiliate own or may own in the future (the "Marks"). You wish to teach the Gokhale System and to use the Gokhale Way to operate a business (the "Franchised Business") as well as to use the Marks and we are willing to grant you certain rights to do so, as set forth herein.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method FDD, the specific Marks that a franchisee is authorized to use are not explicitly listed within the provided excerpts. However, the FDD does state that Gokhale Method uses trademarks and trade names (the "Marks") for its posture restoration method, teaching system, and business operation methods. These Marks are owned by Gokhale Method or its affiliates.
The franchise agreement grants franchisees certain rights to use these Marks to operate their Gokhale Method business. However, this license is non-exclusive, meaning Gokhale Method retains the right to use the Marks themselves, grant licenses to others, develop similar systems, and modify or discontinue Marks at their discretion. Franchisees are obligated to comply with any changes Gokhale Method makes to the Marks, potentially incurring expenses to implement these changes.
Upon termination or expiration of the franchise agreement, franchisees must immediately cease all use of Gokhale Method's intellectual property, including the Marks. This includes removing all signs, advertising materials, and other items displaying the Marks from the business location. Franchisees must also cancel any assumed name registrations containing the word "Gokhale" or any other Marks.
To fully understand which specific Marks a franchisee is authorized to use and how they may be used, a prospective franchisee should consult the Teacher's Manual, Policy Statements, and other writings provided by Gokhale Method. It would be prudent to ask Gokhale Method for a comprehensive list of the Marks and detailed guidelines on their proper usage during the due diligence process.