factual

Is there any pending material litigation involving the Marks used by Gokhale Method?

Gokhale_Method Franchise · 2024 FDD

Answer from 2024 FDD Document

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.

Source: Item 13 — TRADEMARKS (FDD pages 24–25)

What This Means (2024 FDD)

According to Gokhale Method's 2024 Franchise Disclosure Document, there is no pending material litigation involving the Marks. The Marks are the trademarks that Gokhale Method uses. Gokhale Method has registered trademarks with the United States Patent and Trademark Office (PTO). These registered trademarks provide Gokhale Method with certain legal rights.

Gokhale Method also claims common-law rights to 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, a franchisee may have to change to an alternative trademark, which may increase their expenses.

Gokhale Method also states that there are no currently effective material determinations of the PTO or Trademark Trial and Appeal Board, and no pending infringements, oppositions, or cancellations concerning the Marks. Gokhale Method has an unrestricted license to use the Marks and to sublicense them to franchisees. They also state that they have no actual knowledge of either superior prior rights or infringing uses that could materially affect a franchisee's use of the Marks in the state where their franchise may be located. Gokhale Method will indemnify franchisees against damages they are held liable for in any proceeding arising out of their authorized use of any Marks under the Franchise Agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.