What specific 'Unregistered Marks' does Gokhale Method claim common-law rights to?
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 company claims common-law rights to several unregistered marks. These include a stylized design of a tree, along with the words "Primal PostureTM", "Gokhale Pain Free ChairTM", "Pendo PressTM", "SpineTrackerTM", and "PostureTrackerTM". These marks are used in connection with Gokhale Method's trade names.
Since these marks are not federally registered, they lack the legal benefits and rights that registered trademarks possess. This means that Gokhale Method's rights to use these marks could be challenged. If such a challenge occurs, a franchisee might be required to switch to an alternative trademark, which could lead to increased expenses.
It is important for a prospective Gokhale Method franchisee to understand the implications of using unregistered marks. While Gokhale Method states they are unaware of any superior prior rights or infringing uses that could materially affect a franchisee's use of these marks, the risk of a future challenge remains. Franchisees should discuss with Gokhale Method what support or protection the company would offer if a conflict over these unregistered marks arises.