What are 'Marks' as defined in the Kidokinetics Confidentiality Agreement?

According to Kidokinetics' 2024 Franchise Disclosure Document, the term "Marks" refers to the logotypes, service marks, and trademarks currently or in the future used in the operation of a Kidokinetics business. This includes the trademark "KIDOKINETICS" itself, along with any other trademarks, service marks, or trade names that Kidokinetics designates for use by its franchisees.

Furthermore, the definition of "Marks" extends to any distinctive trade dress that is used to identify a Kidokinetics business, regardless of whether it exists now or is created in the future. Trade dress typically includes the visual elements of a brand's packaging or presentation, such as color schemes, layouts, and designs, that distinguish it from competitors.

For a prospective Kidokinetics franchisee, understanding the scope of the "Marks" is crucial because it defines the intellectual property they are authorized to use and the brand identity they must uphold. Unauthorized use of these marks can lead to a default of the Franchise Agreement. This also highlights the importance of adhering to Kidokinetics' standards and guidelines to maintain a consistent brand image across all franchise locations. Kidokinetics also retains the right to substitute different Marks if the current Marks can no longer be used or if Kidokinetics determines that substitution of different Marks will be beneficial to the System.