What documents must a Hyper Kidz franchisee sign to protect the trademarks?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
your Franchised Business. The Multi-Unit Development Agreement does not grant to you any right to use the Marks.
You may not use the Marks as a part of your corporate or other legal name, and you must comply with our instructions in filing and maintaining trade name or fictitious name registrations. You must sign any documents we require to protect the Marks or to maintain their continued validity and enforceability. In addition, you may not directly or indirectly contest the validity of our ownership of or our rights in and to the Marks.
Boomerang Franchise LLC owns the following principal Marks which have been registered or applied for registration with the U.S. Patent and Trademark Office ("USPTO") on the Principal Register:
| Mark | Filing | Serial | Registration | Registration | |
|---|---|---|---|---|---|
| Date | Number | Date | Number | ||
| October 11, 2018 | June 2, 2020 | 6070287 |
Licensor has filed all required affidavits. No registrations have been required to be renewed as of the date of this disclosure document; however, Licensor has filed with the United States Patent and Trademark Office all required maintenance for the above Marks.
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, nor are there any pending infringement, opposition or cancellation proceedings or material litigation involving the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 36–38)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, franchisees are required to sign documents to protect the trademarks. Specifically, the Franchise Agreement grants the franchisee the right to use Hyper Kidz's trademarks, trade names, service marks, symbols, emblems, logos, and indicia of origin, but only in the manner authorized by Hyper Kidz and solely for the operation of the franchised business. The Multi-Unit Development Agreement does not grant any rights to use the marks.
Hyper Kidz franchisees must adhere to specific instructions when filing and maintaining trade name or fictitious name registrations. They are obligated to sign any documents that Hyper Kidz deems necessary to protect the trademarks or maintain their validity and enforceability. Franchisees cannot contest the validity of Hyper Kidz's ownership or rights to the marks, either directly or indirectly.
In the event of any apparent infringement or challenge to the use of a mark, franchisees must immediately notify Hyper Kidz and refrain from communicating with anyone else except Hyper Kidz and its counsel. Hyper Kidz has the sole discretion to take action regarding any infringement, challenge, or claim. Franchisees are required to sign all instruments and documents, provide assistance, and perform any acts deemed necessary by Hyper Kidz's counsel to protect and maintain Hyper Kidz's interests in any litigation or proceeding related to the marks. Hyper Kidz will reimburse franchisees for reasonable out-of-pocket expenses incurred in complying with these requirements, unless any action results in a monetary recovery exceeding the franchisee's costs, in which case the franchisee must cover their own costs and share pro-rata in Hyper Kidz's costs up to the amount of the monetary recovery.