Is there any pending litigation involving the Learningrx marks that could affect a franchisee's use?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
1 | 4,040,895 | Principal | | BrainRx | May 28, 2013 | 4,341,800 | Principal | | MASTER THE | November 1, 2011 | 4,048,080 | Principal | | CODE | | | | There is no currently effective determination of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of this state or any court, or any pending interference, opposition or cancellation proceeding, or any pending material litigation involving the Marks, which are relevant to your use of these Marks. All required affidavits have been filed.
No currently effective agreements limit our right to use or license the use of our trademarks.
You must notify us within three days when you learn of any infringement of, or challenge to, your use of any name, mark or symbol. The Franchise Agreement provides us the sole discretion to take any such action we deem appropriate in order to fulfill our obligation to preserve and protect the ownership, identity and validity of the Marks. We are not obligated to protect your rights to use the Marks. We are not obligated to participate in your defense and/or indemnify you for expenses or damages if you are party to an administrative or judicial proceeding involving the Marks if the proceeding is resolved unfavorable to you. Furthermore, we are not obligated to indemnify you for any losses of any kind that you may incur in connection with any infringement of, or challenge to, our or your rights to use the Marks. If it becomes advisable at any time, in our sole discretion, to modify or discontinue the use of any name or mark and/or use one or more additional or substitute names or marks, you must pay for the tangible costs (such as replacing signs and materials) associated with such a change.
We or our affiliate will control any proceedings or litigation and decide whether or not to settle any action
We do not know of any infringing uses that could materially affect your use of our Marks. You should understand that there could be other businesses using trademarks, trade names, or other commercial symbols similar to our Marks with superior rights to our rights. Before starting your Center, you should research this possibility, using telephone directories, trade directories, Internet directories, or otherwise in order to avoid the possibility of having to change your Center name.
Source: Item 13 — TRADEMARKS (FDD pages 35–37)
What This Means (2025 FDD)
According to the 2025 Learningrx Franchise Disclosure Document, there are no currently effective determinations by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, any state trademark administrator, or any court, and there is no pending interference, opposition, cancellation proceeding, or material litigation involving the Learningrx marks that would be relevant to a franchisee's use of these marks. All required affidavits have been filed. Furthermore, there are no currently effective agreements that limit Learningrx's right to use or license the use of its trademarks.
However, Learningrx does not obligate itself to protect a franchisee's rights to use the marks, nor is it obligated to participate in a franchisee's defense or indemnify them for expenses or damages if the franchisee is party to an administrative or judicial proceeding involving the marks that is resolved unfavorably to the franchisee. Learningrx is also not obligated to indemnify a franchisee for any losses incurred in connection with any infringement of, or challenge to, Learningrx's or the franchisee's rights to use the marks. If Learningrx decides to modify or discontinue the use of any name or mark, the franchisee must pay for the tangible costs associated with the change, such as replacing signs and materials.
Learningrx will control any proceedings or litigation and decide whether or not to settle any action. Learningrx does not know of any infringing uses that could materially affect a franchisee's use of its marks. However, Learningrx advises that there could be other businesses using trademarks, trade names, or other commercial symbols similar to Learningrx's marks with superior rights. Therefore, before starting their Learningrx center, a prospective franchisee should research this possibility using telephone directories, trade directories, and Internet directories to avoid having to change the center name later.