If I notice someone using a trademark similar to the Healthsource Chiropractic Marks, who must I notify?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any apparent use of, or claims of rights to a trademark identical to or confusingly similar to the Marks. You may not communicate with any person other than us and our counsel about the apparent infringement, challenge, or claim. We and our affiliates
will have sole discretion to take any affirmative action as we deem appropriate in, and the exclusive right to control any litigation or PTO or other proceeding arising out of any apparent infringement, challenge, or claim, or otherwise relating to any Mark. You must sign any instruments and documents, render any assistance, and perform any acts that our or our affiliates' counsel deems necessary or advisable to protect and maintain our or our affiliates' interests in any litigation or PTO or other proceeding related to any Mark, or otherwise protect and maintain our interests in the Marks.
Source: Item 13 — Trademarks (FDD pages 47–50)
What This Means (2025 FDD)
According to Healthsource Chiropractic's 2025 Franchise Disclosure Document, if a franchisee becomes aware of any potential trademark infringement, they are required to immediately notify Healthsource Chiropractic. Specifically, this includes any apparent use of, or claims of rights to, a trademark that is identical or confusingly similar to the Healthsource Chiropractic Marks. The FDD emphasizes that franchisees are not allowed to communicate with anyone other than Healthsource Chiropractic and its counsel regarding the potential infringement.
This requirement ensures that Healthsource Chiropractic maintains control over its brand and trademark protection efforts. By centralizing the response to potential infringements, Healthsource Chiropractic can ensure a consistent and strategic approach to protecting its intellectual property. This also prevents franchisees from taking actions that could potentially harm the brand or create legal complications.
Healthsource Chiropractic retains the sole discretion to take any action it deems appropriate regarding the infringement, including initiating litigation or other proceedings. The franchisee is obligated to assist Healthsource Chiropractic by signing documents and providing any necessary assistance to protect the trademarks. This coordinated approach is typical in franchising, as the franchisor has the expertise and resources to handle trademark issues effectively.
This clause in the Franchise Agreement is important for prospective franchisees to understand, as it outlines their responsibilities in protecting the Healthsource Chiropractic brand and ensures that all trademark-related matters are handled by the franchisor.