What must Gokhale Method franchisees follow when using the trademarks?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
You must follow our operating procedures when you use our trademarks (collectively, "Marks"). You cannot use the Marks as part of your corporate name.
There are no currently effective material determinations of the PTO or Trademark Trial and Appeal Board. There are no pending infringements, oppositions or cancellations concerning the Marks. There is no pending material litigation involving the Marks. We have filed all required affidavits.
We have an unrestricted license to use the Marks and to sublicense the Marks to franchisees. We have no actual knowledge of either superior prior rights or infringing uses that could materially affect your use of the Marks in the state where your franchise may be located.
Source: Item 13 — TRADEMARKS (FDD pages 24–25)
What This Means (2024 FDD)
According to Gokhale Method's 2024 Franchise Disclosure Document, franchisees must adhere to the operating procedures established by Gokhale Method when using their trademarks. These trademarks, referred to collectively as "Marks," cannot be used as part of the franchisee's corporate name. The FDD lists several registered trademarks with the United States Patent and Trademark Office, including APLOMB, POSITIVESTANCE, STRETCHSIT, GOKHALEMETHOD, DOWNTIMETRAINING, POSTURENOMICS, and GOKHALE.
Gokhale Method also claims common-law rights to the stylized design of a tree and unregistered marks such as "Primal PostureTM", "Gokhale Pain Free ChairTM", "Pendo PressTM", "SpineTrackerTM", and "PostureTrackerTM". Because these marks are not federally registered, they do not have the same legal protections. If the right to use these unregistered trademarks is challenged, franchisees may be required to switch to alternative trademarks, potentially increasing their expenses.
Gokhale Method retains the right to modify, add to, or discontinue the use of its Marks, or substitute different Marks. Franchisees are obligated to promptly comply with any required changes, revisions, or substitutions and must bear the costs of modifying signs, advertising materials, interior graphics, and any other items displaying the Marks. Gokhale Method assumes no liability or obligation for any required modification or discontinuance of any Mark or the promotion of a substitute trademark, service mark, or trade dress. This means a franchisee may need to invest further into rebranding if Gokhale Method decides to change their trademarks.