Where does the right to use the Hyper Kidz marks come from?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
effect which significantly limit our right to use or license the use of the Marks in any manner material to you.
Your right to use the Marks is derived solely from the Franchise Agreement and is limited to your operation of a Hyper Kidz Business in compliance with the Franchise Agreement and all applicable standards, specifications and operating procedures we prescribe during the term of the Franchise Agreement. Any unauthorized use of the Marks by you constitutes a breach of the agreement and an infringement of our rights in and to the Marks. Your use of the Marks and any goodwill established by your use will be for our exclusive benefit. All provisions of the Franchise Agreement applicable to the Marks will apply to any other trademarks, service marks, commercial symbols and trade dress we authorize in writing for use by and licensed to you after you sign the Franchise Agreement.
You must use the Marks as the sole trade identification of the Hyper Kidz Business and must identify yourself in the form we prescribe as the independent owner of the Hyper Kidz Business. You may not use any Mark or variation thereof as part of any corporate name or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form. You may not use any Mark or any variation of it in connection with the performance or sale of any unauthorized services or products, as part of your corporate name, as part of the domain name or address of a website, or in any other manner we have not expressly authorized in writing. You must display the Marks prominently in the manner we prescribe. You must give notices of trademark and service mark registrations that we specify and obtain business name registrations as required under applicable law. You must place notices at your Franchised Business that state your Franchised Business is independently owned and operated, and we reserve the right to specify where the notices must be placed.
Source: Item 13 — TRADEMARKS (FDD pages 36–38)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, the right to use their trademarks is granted through the Franchise Agreement. Specifically, a franchisee's right to use the Hyper Kidz marks is derived solely from the Franchise Agreement. This right is limited to the operation of a Hyper Kidz Business and is contingent upon compliance with the Franchise Agreement, as well as all standards, specifications, and operating procedures prescribed by Hyper Kidz during the term of the agreement. Unauthorized use of the marks constitutes a breach of contract and an infringement of Hyper Kidz's rights.
The Franchise Agreement grants the franchisee the right to use trademarks, trade names, service marks, symbols, emblems, logos, and indicia of origin designated by Hyper Kidz. These marks can only be used in the manner authorized by Hyper Kidz and solely for the operation of the franchised business. It is important to note that the Multi-Unit Development Agreement does not grant any rights to use the marks.
Hyper Kidz retains exclusive benefit of any goodwill established through the franchisee's use of the marks. The franchisee must use the marks as the sole trade identification of the Hyper Kidz Business and identify themselves as the independent owner of the business in the prescribed form. The franchisee cannot use any mark or variation of it as part of any corporate name, with any prefix, suffix, or other modifying elements, or in connection with unauthorized services or products, or as part of a domain name without express written authorization from Hyper Kidz.