Who owns the Kidokinetics Marks and System?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- TRADEMARKS
The Franchise Agreement and your payment of the Royalty Fee grant you the non-exclusive right and license to use the System, which includes the use of the Marks. You may also use other future trademarks, service marks, and logos we approve to identify your Kidokinetics Franchise. The Marks and the System are owned by us. We have registrations with the United States Patent and Trademark Office ("USPTO") for the following Marks:
| Trademark | Registration Number | Registration Date | Register | |---|---|---|---| | KIDOKINETICS | 6,401,659 | June 29, 2021 | Principal | | | 6,401,783 | June 29, 2021 | Principal | | | 7,103,844 | July 11, 2023 | Principal |
We have applied to register the following trademark with the USPTO:
| Trademark | Serial Number | Filing Date | Status | |---|---|---|---| | | 98,338,513 | January 2, 2024 | Pending on the | | | | | Principal Register | 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.
Source: Item 13 — TRADEMARKS (FDD pages 36–38)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the Kidokinetics Marks and System are owned by the franchisor. As a franchisee, upon payment of the royalty fee, you are granted a non-exclusive right and license to use the Kidokinetics System, which includes the use of the Marks. You may also use other future trademarks, service marks, and logos that Kidokinetics approves to identify your Kidokinetics franchise.
Kidokinetics has registrations with the United States Patent and Trademark Office (USPTO) for certain Marks. Specifically, the trademark KIDOKINETICS is registered under registration numbers 6,401,659 and 6,401,783, both registered on June 29, 2021, and 7,103,844 registered on July 11, 2023, all on the Principal Register. Kidokinetics has also applied to register another trademark with the USPTO, with serial number 98,338,513 and a filing date of January 2, 2024; its status is pending on the Principal Register.
Kidokinetics will defend a franchisee against any claim brought against them by a third party alleging that the franchisee's use of the Marks, in accordance with the Franchise Agreement, infringes upon that party's intellectual property rights. The franchisor may require the franchisee's assistance, but Kidokinetics will exclusively control any proceeding or litigation relating to their Marks. However, Kidokinetics has no obligation to pursue any infringing users of their Marks, but if they learn of an infringing user, they will take the action appropriate, but they are not required to take any action if they do not feel it is warranted. The franchisee must notify Kidokinetics within three business days if they learn that any party is using the Marks or a trademark that is confusingly similar to the Marks. Kidokinetics has the sole discretion to take such action as they deem appropriate to exclusively control any litigation or administrative proceeding involving a trademark licensed by them to the franchisee.