Does Itan have any other agreements that limit its right to use or sublicense the Marks besides the Intellectual Property License Agreement with Gold Mark?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
In May of 2008 we entered into an Intellectual Property License Agreement with Gold Mark (the "License Agreement"). Under the terms of the License Agreement, Gold Mark granted us the right to use the Marks in the iTAN System and sublicense the Marks to our franchisees. The term of the License Agreement automatically renews annually, unless it is terminated in accordance with its terms. Gold Mark is permitted to terminate the License Agreement only if we: (a) declare bankruptcy or become insolvent; or (b) consent to the termination. If
the License Agreement is terminated, it states all sublicenses granted by us to our franchisees will continue in full force and effect until the expiration or termination of the applicable franchise agreement. No other agreements limit our right to use or sublicense use of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 33–35)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, besides the Intellectual Property License Agreement with Gold Mark, Itan states that no other agreements limit its right to use or sublicense the Marks.
The Intellectual Property License Agreement between Itan and Gold Mark grants Itan the right to use the Marks in the iTAN System and sublicense them to its franchisees. This agreement automatically renews annually unless terminated. Gold Mark can only terminate the License Agreement if Itan declares bankruptcy, becomes insolvent, or consents to the termination.
Importantly, the License Agreement specifies that if it is terminated, all sublicenses granted by Itan to its franchisees will remain in effect until the expiration or termination of the applicable franchise agreement. This provides a level of assurance to franchisees that their right to use the Marks will continue even if the overarching agreement between Itan and Gold Mark is terminated.