Which item in the FDD describes the obligations for trademarks for Kidokinetics?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 13: TRADEMARKS]
We do not have a federal registration for the trademark listed above (serial number 98,338,513). Therefore, this trademark does not have as many legal benefits and rights as a federally registered trademark. If our right to use this trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
There are no effective adverse material determinations of the USPTO, the Trademark Trial and Appeal Board or the trademark administrator of any state, or any court, and no pending infringement, opposition or cancellation proceedings or material litigation involving the Marks. All required affidavits and renewals have been filed.
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 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 38–39)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, Item 13, titled "TRADEMARKS," outlines the franchisee's obligations regarding the use of Kidokinetics's trademarks. This section details the rights granted to the franchisee for using the Kidokinetics system and marks, which are owned by the franchisor. It also mentions that Kidokinetics has registrations with the United States Patent and Trademark Office (USPTO) for specific marks.
Item 13 further clarifies that the franchisee's right to use the Kidokinetics trademarks is non-exclusive and is granted through the Franchise Agreement, contingent upon the payment of royalty fees. The franchisee may also be allowed to use future trademarks, service marks, and logos approved by Kidokinetics to identify their franchise. The document emphasizes that Kidokinetics owns these marks and the overall system.
Additionally, Item 13 states that Kidokinetics does not have a federal registration for the trademark listed above (serial number 98,338,513). Therefore, this trademark does not have as many legal benefits and rights as a federally registered trademark. If Kidokinetics's right to use this trademark is challenged, the franchisee may have to change to an alternative trademark, which may increase their expenses. The franchisee must adhere to Kidokinetics's rules when using the marks and cannot use the Kidokinetics name or mark as part of a corporate name or with modifying words, designs, or symbols without prior written consent. The franchisee must also indicate in contracts, advertisements, and with a conspicuous sign that they are an independently owned and operated licensed franchisee of Kidokinetics. All rights and goodwill from the use of the marks accrue to Kidokinetics.