What specific service mark is mentioned as an example of the 'Marks' used by Kidokinetics?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 22: CONTRACTS]
"Manual" means our confidential operations manual for the operation of a Kidokinetics Business.
"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 service mark "KIDOKINETICS" is specifically identified as an example of the 'Marks' used in the operation of a Kidokinetics business. The FDD broadly defines 'Marks' to include logotypes, service marks, and trademarks currently or in the future associated with the Kidokinetics business. This definition extends to any distinctive trade dress that identifies a Kidokinetics business, whether existing now or created later.
This means that franchisees are required to use the designated 'Marks,' including the KIDOKINETICS service mark, in their business operations. This includes displaying these marks on signs, service vehicles, and other advertising materials, as directed or approved by Kidokinetics. Franchisees must also ensure that all advertising programs are conducted in a manner that upholds the reputation of the Kidokinetics system and its marks.
The agreement also stipulates that franchisees cannot use the 'Marks' as part of their corporate or legal name without prior approval from Kidokinetics. Furthermore, franchisees must comply with Kidokinetics' instructions for registering and maintaining trade names or fictitious names to protect the 'Marks.' All assumed business names used by the franchisee must include the designation 'a franchisee of Kidokinetics Franchisee LLC.'
Kidokinetics retains the right to use the 'Marks' themselves, grant licenses to others, and develop other systems using the 'Marks' or similar proprietary marks without providing any rights to the franchisee. This non-exclusive license ensures that Kidokinetics maintains control over its brand and can expand its use of the 'Marks' as it sees fit. Franchisees must adhere to these guidelines to maintain uniformity and protect the brand's image.