Who owns the principal marks registered with the USPTO for Hyper Kidz?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
n, 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.
Source: Item 13 — TRADEMARKS (FDD pages 36–38)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, Boomerang Franchise LLC owns the principal marks registered with the U.S. Patent and Trademark Office (USPTO). These marks are used to identify and distinguish Hyper Kidz's services. The franchise agreement grants franchisees the right to use these marks, but only in the manner authorized by Hyper Kidz and solely for the operation of their franchised business. The Multi-Unit Development Agreement does not grant any rights to use the marks.
Hyper Kidz franchisees are not allowed to use the marks as part of their corporate or legal name and must comply with Hyper Kidz's instructions for trade name or fictitious name registrations. Franchisees must also sign any documents required by Hyper Kidz to protect the marks or maintain their validity and enforceability. Furthermore, franchisees cannot contest the validity of Hyper Kidz's ownership or rights to the marks.
Hyper Kidz retains significant control over the use of its trademarks, ensuring consistent branding and quality across all franchise locations. Franchisees must notify Hyper Kidz of any potential infringement or challenges to the use of the marks and must follow Hyper Kidz's instructions in such cases. Hyper Kidz has the sole discretion to take action regarding any infringement, challenge, or claim related to the marks, including controlling any litigation. This protects the brand's integrity and reputation, but also means franchisees have limited autonomy in defending the marks themselves.
Hyper Kidz also has the right to require franchisees to modify or discontinue the use of any mark if it deems necessary. Franchisees are obligated to comply with these directions, even if it means incurring expenses, which Hyper Kidz is not obligated to reimburse. This provision underscores the franchisor's ultimate authority over the brand's trademarks and the franchisee's dependence on adhering to the franchisor's decisions regarding brand management.