Is a Gold Star franchisee allowed to register the Gold Star Marks, or any confusingly similar variations, as a trademark or service mark?
Gold_Star Franchise · 2025 FDDAnswer from 2025 FDD Document
During and after the term of this Agreement or any extension or renewal thereof, FRANCHISEE shall not use or register, in whole or in part, the Marks, any variation, abbreviation or formative thereof, or any words, symbols or designs which are confusingly similar thereto, as a trademark, as a service mark, as a trade name, as part of FRANCHISEE's name or as the name of any entity directly or indirectly associated with FRANCHISEE's activities.
Source: Item 23 — Receipts (FDD pages 53–163)
What This Means (2025 FDD)
According to the 2025 Gold Star Franchise Disclosure Document, franchisees are explicitly prohibited from registering Gold Star's trademarks, service marks, or any confusingly similar variations. This restriction applies both during and after the franchise agreement term, including any extensions or renewals.
This means a franchisee cannot use the Gold Star name, logos, or any similar branding elements as part of their own business name or register them as trademarks or service marks. This restriction is in place to protect Gold Star's brand identity and goodwill, ensuring that the company maintains exclusive control over its intellectual property.
The FDD states that franchisees must not take any action that could harm, jeopardize, or compromise Gold Star's marks or reputation. This includes refraining from unauthorized use or registration of the marks. If Gold Star decides to modify or discontinue the use of any marks, the franchisee must comply with these changes at their own expense. This ensures uniformity and consistency across all Gold Star locations and protects the overall brand image.