What is the significance of Gokhale Method having a license from Esther Gokhale for the trademarks?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
RADEMARKS
The principal trademarks you'll use under license from us through the Franchise Agreement are listed below. All of our trademarks are registered with the United States Patent and Trademark Office ("PTO"). Since we have a license from the owner of these marks, Esther Gokhale, and they are registered on the Principal Register of the Patent and Trademark Office for these marks, we have certain presumptive legal rights granted by a registration.
Our principal trademarks that are registered with the PTO are:
| TRADEMARK | REGISTRATION NUMBER | DATEOF REGISTRATION | REGISTER | |
|---|---|---|---|---|
| APLOMB | 2026974 | December31,1996, renewedJanuary4,2007, renewedJune30,2017 | Principal | |
| POSITIVESTANCE | 3564666 | January20,2009, renewedApril12,2019 | Principal | |
| STRETCHSIT | 3648668 | June30,2009, renewedApril12,2019 | Principal | |
| GOKHALEMETHOD | 3756543 | March9,2010, renewedJuly30,2019 | Principal | |
| DOWNTIMETRAINING | 3508557 | September30,2008, renewedDec30,2017 | Principal | |
| POSTURENOMICS | 3894259 | December21,2010, renewedDec21,2016, renewedDec21,2020 | Principal | |
| GOKHALE | 7135412 | August15,2023 | Principal | 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. |
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, the company licenses its principal trademarks from Esther Gokhale. This is significant because Gokhale Method's right to use and sublicense these trademarks to franchisees depends on this license. The trademarks, including APLOMB, POSITIVESTANCE, STRETCHSIT, GOKHALEMETHOD, DOWNTIMETRAINING, POSTURENOMICS, and GOKHALE, are registered with the United States Patent and Trademark Office (PTO) which grants Gokhale Method certain presumptive legal rights.
Having a license from the trademark owner means that Gokhale Method can legally allow its franchisees to use these trademarks in their business operations. Without this license, franchisees would not have the right to use the brand's name and associated logos, which are crucial for attracting customers and building brand recognition. The FDD also states that Gokhale Method has an unrestricted license to use the Marks and to sublicense the Marks to franchisees.
However, the FDD also mentions unregistered trademarks like "Primal PostureTM", "Gokhale Pain Free ChairTM", "Pendo PressTM", "SpineTrackerTM", and "PostureTrackerTM" for which Gokhale Method claims common-law rights but lacks federal registration. These unregistered marks do not have the same legal protections as registered trademarks, potentially increasing expenses if their use is challenged. Despite this, 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.
It is also important to note that Gokhale Method retains the right to modify, add to, or discontinue the use of the Marks, or substitute different Marks. Franchisees are obligated to comply with these changes, bearing the costs of updating signs, advertising, and other branded materials. While Gokhale Method will indemnify franchisees against damages from authorized use of the Marks, they have no obligation regarding modification or discontinuation of any Mark or the promotion of a substitute trademark.