What are the potential consequences if Gokhale Method's right to use the Unregistered Marks is challenged?
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 the 2024 Gokhale Method Franchise Disclosure Document, Gokhale Method uses certain unregistered marks in connection with its trade names, including "Primal PostureTM", "Gokhale Pain Free ChairTM", "Pendo PressTM", "SpineTrackerTM", and "PostureTrackerTM". Because these marks are not federally registered, they lack the legal protections afforded to registered trademarks. If Gokhale Method's right to use these unregistered trademarks is challenged, a franchisee may be required to switch to an alternative trademark.
This change to an alternative trademark could increase a franchisee's expenses. It is important to note that all of Gokhale Method's principal trademarks are registered with the United States Patent and Trademark Office. These registered trademarks have certain presumptive legal rights granted by registration.
While Gokhale Method has the right to modify, add to, or discontinue the use of its marks, franchisees are responsible for covering the costs of updating any materials bearing the marks, including signs, advertising, and interior graphics. Gokhale Method assumes no liability for these modifications or the promotion of substitute trademarks.