What happens to the restrictions on using Punch King Fitness Marks after the Punch King Fitness franchise agreement terminates?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2024 FDD)
According to Punch King Fitness's 2024 Franchise Disclosure Document, the restrictions on using Punch King Fitness Marks continue even after the franchise agreement expires, terminates, or is cancelled. Specifically, a franchisee cannot use the Punch King Fitness Marks or any variation of them as part of their corporate or legal name.
Additionally, franchisees are prohibited from using the Punch King Fitness Marks on any website, domain name, URL, email address, listing, banner, or advertisement without prior written consent from Punch King Fitness. They also cannot use the marks with any prefix, suffix, or modifying words, terms, designs, or symbols, or in any modified form.
Furthermore, franchisees are not allowed to register any of the Punch King Fitness Marks 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 its reputation. These restrictions remain in effect even after the franchise agreement ends, ensuring that former franchisees do not misuse the Punch King Fitness brand or create confusion in the marketplace.