What is the primary Mark used to identify the Goldfish Swim School System?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
You receive the right to operate your swim school under the name, Goldfish Swim School®, which is the primary Mark used to identify our System. You may also use any other current or future Marks to operate your franchised swim school that we designate, including the logo on the front of this Disclosure Document and the service mark listed below. By "Mark," we mean any trade name, trademark, service mark or logo used to identify your business. We have the following registered Marks and pending applications on the U.S. Patent and Trademark Office ("USPTO") Principal and Supplemental Registers:
Source: Item 13 — TRADEMARKS (FDD pages 44–51)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, the primary mark used to identify the Goldfish Swim School system is "Goldfish Swim School®". As a franchisee, you are granted the right to operate your swim school under this name. Goldfish Swim School also allows franchisees to use other current or future marks that they designate. These marks can include trade names, trademarks, service marks, or logos to identify the business.
It is important for prospective franchisees to understand the scope of trademark usage rights granted and any limitations associated with them. While the FDD lists several registered trademarks and pending applications, franchisees should be aware of the specific terms and conditions governing the use of each mark. This includes understanding any restrictions on usage, such as those outlined in the trademark co-existence agreement with Pepperidge Farm, Incorporated, which limits the use of the trademarks "Goldfish" and "Goldfish Swim School" in association with food or beverage products.
Goldfish Swim School also provides information regarding the protection and enforcement of its trademarks. Franchisees are required to notify Goldfish Swim School immediately upon learning of any infringement or challenge to the use of any mark. While Goldfish Swim School is not required to defend franchisees against claims arising from their use of the marks, they will reimburse reasonable expenses incurred in legal proceedings if the franchisee notifies them in a timely manner and complies with their directions. However, franchisees are not reimbursed for expenses related to independent legal counsel or for removing signage or discontinuing the use of any mark.