What are some of the Unregistered Marks that Gokhale Method claims 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 the 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.
Because these marks are not federally registered, they lack the legal protections and benefits that registered trademarks possess. This means that Gokhale Method's rights to use these marks could be challenged. If such a challenge were successful, a franchisee might be required to switch to an alternative trademark. This could lead to increased expenses for the franchisee, as they would need to update signage, marketing materials, and other branded items.
It is important for prospective Gokhale Method franchisees 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 affect a franchisee's use of these marks, the risk remains that a third party could challenge their use. Franchisees should consider this risk and factor in potential costs associated with rebranding if necessary.