What is the definition of 'Proprietary Marks' in the context of a Hyper Kidz franchise agreement?

According to Hyper Kidz's 2024 Franchise Disclosure Document, the term "Marks" encompasses the trademarks, service marks, logos, other commercial symbols, and any Domain Name that Hyper Kidz authorizes a franchisee to use. These marks serve to identify the services and/or products offered by the franchisee's Hyper Kidz Business, including the mark "Hyper Kidz" itself and the "Trade Dress."

It is important to note that these trademarks, service marks, logos, commercial symbols, and the Trade Dress are subject to modification and discontinuance by Hyper Kidz. The franchise agreement may also include additional or substitute trademarks, service marks, logos, commercial symbols, and trade dress as provided in the agreement. This means that Hyper Kidz retains the right to change or update its branding and image, and franchisees are obligated to comply with these changes.

This definition clarifies that franchisees are granted a limited license to use the Marks, but they do not acquire any ownership or equitable rights in them. The goodwill associated with the use of the Marks inures to the benefit of Hyper Kidz. Franchisees must also identify themselves as independent owners of the Hyper Kidz Business in conjunction with any use of the Marks, ensuring clear distinction between the franchisee's ownership and Hyper Kidz's brand identity.