Does any agreement significantly limit Kidokinetics' right to use or license the Marks?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
No agreement significantly limits our right to use or license the Marks in any manner material to the Kidokinetics Franchise. We do not know of any superior prior rights or infringing uses that could materially affect your use of the trademarks. You must follow our rules when using the Marks. You cannot use our name or Mark as part of a corporate name or with modifying words, designs or symbols unless you receive our prior written consent. You must indicate to the public in any contract, advertisement and with a conspicuous sign in your Kidokinetics Business that you are an independently owned and operated licensed franchisee of Kidokinetics. You may not use the Marks in the sale of unauthorized products or services or in any manner we do not authorize. You may not use the Marks in any advertising for the transfer, sale or other disposition of the Kidokinetics Franchise, or any interest in the Kidokinetics Franchise. All rights and goodwill from the use of the Marks accrue to us.
Source: Item 13 — TRADEMARKS (FDD pages 36–38)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, no agreement significantly limits their right to use or license the Marks in any manner material to the Kidokinetics Franchise. However, Kidokinetics does not have a federal registration for the trademark with serial number 98,338,513, which means it does not have as many legal benefits and rights as a federally registered trademark. If their right to use this trademark is challenged, a franchisee may have to change to an alternative trademark, which may increase their expenses.
As a Kidokinetics franchisee, you must adhere to Kidokinetics's rules when using the Marks. You are prohibited from using the Kidokinetics name or Mark as part of a corporate name or with modifying words, designs, or symbols without prior written consent from Kidokinetics. In all contracts and advertisements, and with a conspicuous sign in your Kidokinetics Business, you must indicate to the public that you are an independently owned and operated licensed franchisee of Kidokinetics.
Furthermore, franchisees are not allowed to use the Marks in the sale of unauthorized products or services or in any manner not authorized by Kidokinetics. The Marks cannot be used in any advertising for the transfer, sale, or other disposition of the Kidokinetics Franchise, or any interest in the Kidokinetics Franchise. All rights and goodwill resulting from the use of the Marks accrue to Kidokinetics. These stipulations ensure that Kidokinetics maintains control over its brand and how it is represented, while also setting clear guidelines for franchisees to follow in their operations and marketing efforts.