Who owns the Learningrx marks and system?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
e included in your Territory, or outside your Territory regardless of proximity to your Territory, under the Marks.
ITEM 13 TRADEMARKS
We grant you the non-exclusive right to use our Marks, including the names "LEARNINGRX," "THINKRX," "MATHRX," "LIFTOFF," "COMPREHENDRX", "BRAINSKILLS," "BRAIN CAMP, " and "READRX". You may also use our other current or future Marks as we may designate to operate your Business.
The Marks and the System are owned by our parent, LearningRx, Inc., and are licensed to us and our affiliates. LearningRx, Inc. has granted us a non-exclusive license ("Intellectual Property License") to use the intellectual property for purposes of franchising the System around the world. The Intellectual Property License extends for a one year period, commencing June 23, 2011, and the License Agreement
will automatically renew for subsequent one year periods provided that we are not in default or do not materially breach the Intellectual Property License by engaging in any activity which damages the Marks or the goodwill of the System.
LearningRx, Inc. has registered the following Marks on the Principal Register of the United States Patent and Trademark Office ("USPTO"):
| Description of Mark | Application Date or Registration Date | Serial Number or Registration Number | Principal or Supplemental Register of the USPTO |
|---|---|---|---|
| LEARNINGRX | May 20, 2003 | 2,718,173 | Principal |
| THINKRX | September 16, 2003 | 2,764,446 | Principal |
| READRX | September 16, 2003 | 2,764,443 | Principal |
| MATHRX | September 23, 2003 | 2,766,947 | Principal |
| Feb. |
Source: Item 13 — TRADEMARKS (FDD pages 35–37)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, LearningRx, Inc. owns the Learningrx marks and system. However, Learningrx, Inc. has granted the company a non-exclusive license to use the intellectual property for franchising the Learningrx system worldwide. This license, termed the Intellectual Property License, initially spanned one year, starting June 23, 2011, and automatically renews for subsequent one-year periods.
This renewal is contingent upon Learningrx remaining in good standing and not materially breaching the Intellectual Property License. A breach would include any activity that damages the Learningrx marks or the goodwill of the Learningrx system. The trademarks registered on the Principal Register of the United States Patent and Trademark Office (USPTO) include LEARNINGRX, THINKRX, READRX, MATHRX, ComprehendRx, BRAINSKILLS, BRAIN CAMP, STUDYRX, AccelerateRx, PACE, PROCESSING AND COGNITIVE ENHANCEMENT, BrainRx, and MASTER THE CODE.
For a prospective Learningrx franchisee, this means that while they are granted the right to use the Learningrx marks, the ownership resides with LearningRx, Inc. The franchisee's ability to operate under these marks depends on Learningrx maintaining its licensing agreement. If Learningrx were to lose its license, franchisees could be impacted. Therefore, it is important for a potential franchisee to understand the terms of the Intellectual Property License and the conditions under which it could be terminated or not renewed.
Furthermore, the franchisee must notify Learningrx within three days of discovering any infringement or challenge to the use of any Learningrx mark. While Learningrx has the sole discretion to take action to protect the marks, it is not obligated to protect the franchisee's rights to use the marks or to provide defense or indemnity in case of administrative or judicial proceedings involving the marks that are unfavorable to the franchisee. This places the responsibility on the franchisee to conduct due diligence and potentially bear costs associated with changes to names or marks if required by Learningrx.