Is a Punch King Fitness franchisee allowed to use a suffix with the Punch King Fitness Marks?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
f any, selected by us to replace such discontinued Mark(s).
You shall not use any of the Punch King Fitness Marks or any derivative or a colorable variation thereof: (i) as part of your corporate or other legal names; (ii) on or as part of any Web Site, domain name, URL, web page, electronic mail address, listing, banner, advertisement or any other service or link on, to or with the internet, World Wide Web, internet service providers, electronic mail services, communication providers, search engines, or other similar services (without our prior written consent); (iii) with any prefix, suffix (including, but not limited to, the word "Inc."), or other modifying words, terms, designs, or symbols; or (iv) in any modified form. Franchisee shall not register any of the Marks, or any derivative or a colorable variation thereof, as a service mark, trademark, or internet domain name, or hold out or otherwise employ the Marks to perform any activity or to incur any obligation or indebtedness in such a manner as could reasonably result in making Franchisor liable therefore or that may harm, tarnish, or impair Franchisor reputation, name, services, or Marks. The provisions of this paragraph shall survive the expiration, termination, or cancellation of this Agreement.
PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
Punching Bag LLC, our affiliate, is the owner of Provisional patents with numbers 16/804,916 and 63/268,614 Punching Stand, filed with the United States Patent and Trademark Office. In addition, Punching Bag LLC, our affiliate, is the owner of patent with an ID of WIPO91947 titled Punching Bag registered on February 20, 2020.
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2024 FDD)
According to Punch King Fitness's 2024 Franchise Disclosure Document, franchisees are explicitly prohibited from using any suffix with the Punch King Fitness Marks. The FDD states that franchisees cannot use the Punch King Fitness Marks with any prefix, suffix, or other modifying words, terms, designs, or symbols. This restriction extends to the franchisee's corporate or legal names, websites, domain names, URLs, email addresses, and any other online presence.
This restriction is in place to protect the integrity and consistency of the Punch King Fitness brand. By preventing franchisees from altering the marks, Punch King Fitness aims to maintain a uniform brand image across all franchise locations. This is a fairly standard practice in franchising, as franchisors typically have strict guidelines regarding the use of their trademarks to ensure brand consistency and avoid customer confusion.
The franchisee also cannot register any of the Punch King Fitness marks, or any derivative or colorable variation thereof, as a service mark, trademark, or internet domain name. They also cannot use the marks in a way that could make Punch King Fitness liable or harm the franchisor's reputation. These restrictions survive the expiration, termination, or cancellation of the Franchise Agreement.
In the event that another party demonstrates a superior right to use the Punch King Fitness Marks, the franchisee must discontinue using those marks and adopt any replacement marks selected by Punch King Fitness at the franchisee's sole cost and expense. This highlights the importance of Punch King Fitness controlling the trademarks and ensuring their proper use to protect the brand's identity and reputation.