What are the 'Marks' as defined in the Kidokinetics System Protection Agreement?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- "Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of a Kidokinetics business, including "KIDOKINETICS," and any other trademarks, service marks, or trade names that we designate for use by a Kidokinetics business.
The term "Marks" also includes any distinctive trade dress used to identify a Kidokinetics business, whether now in existence or hereafter created.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, the 'Marks' are defined within the context of the System Protection Agreement as the logotypes, service marks, and trademarks currently or in the future used in the operation of a Kidokinetics business. This includes the trademark "KIDOKINETICS" and any other trademarks, service marks, or trade names that Kidokinetics designates for use by its franchisees.
This definition extends to any distinctive trade dress that identifies a Kidokinetics business, whether it exists now or is created later. Trade dress refers to the visual appearance of a product or its packaging (or even the design of a building) that signifies the source of the product to consumers.
For a prospective Kidokinetics franchisee, understanding the scope of the 'Marks' is crucial because it defines the intellectual property they are licensed to use. It also outlines what Kidokinetics considers proprietary and protectable. Unauthorized use of these Marks can lead to a default under the Franchise Agreement, as stated in section 16.2.15. Franchisees must adhere to Kidokinetics' guidelines on using these Marks for advertising and business operations, as detailed in section 13.7.1, to avoid infringement and maintain brand consistency.