Who owns the trademarks for Punch King Fitness?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
ffidavits and renewals with respect to these registrations.
The trademark is owned by King Lei, our CEO. We have a perpetual license agreement to use and franchise the trademarks, which may only be terminated upon our dissolution. In such an event, you may lose your right to use the trademark.
There are no currently effective material determinations of the Trademark Office, the Trademark Trial and Appeal Board, any other trademark administrator, or any court, pending interference, opposition, cancellation proceedings, or any pending material litigation involving the Marks.
We do not know of any prior rights that could materially affect the franchisee's use of the principal trademark. Currently, no agreements significantly limit our rights to use or license the use of the Marks in any manner material to the franchise. We are unaware of any infringing uses of the Marks that could materially affect your use.
Your use of the Punch King Fitness Marks is limited to use in connection with the operation of your Punch King Fitness Franchised Business as described in the Franchise Agreement and as outlined in the Punch King Fitness Operating Manual. You must promptly notify us of any use of the Punch King Fitness Marks or any colorable variation by any person or legal entity or any litigation instituted by any person or legal entity against you or us involving the Punch King Fitness Marks. We will control any litigation or proceeding. We are not required to defend the Punch King Fitness Marks. If we undertake the defense, prosecution, or
settlement of any litigation relating to the Punch King Fitness Marks, you agree to assist as necessary to carry out such defense, prosecution, or settlement. We retain the right to modify or discontinue the Mark(s). We are not required to indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving a trademark licensed by us or if the proceeding is resolved unfavorably. You shall, upon demand by us, modify or discontinue the use of Punch King Fitness Mark(s), at your sole cost and expense, any Mark(s), as directed by us. We are not required to reimburse or compensate you for any modification or discontinuation of the Marks.
If any party demonstrates to us a superior right to use any of the Punch King Fitness Marks, you shall, upon demand by us, discontinue the use of such Punch King Fitness Mark(s) and adopt, at your sole cost and expense, any Mark(s), if 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.
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2024 FDD)
According to Punch King Fitness's 2024 Franchise Disclosure Document, the trademarks for Punch King Fitness are owned by King Lei, who is also the CEO of the company. However, Punch King Fitness has a perpetual license agreement to use and franchise these trademarks. This license can only be terminated if Punch King Fitness dissolves as a company. If that happens, franchisees could lose their right to use the Punch King Fitness trademark.
This arrangement means that while King Lei owns the trademarks, Punch King Fitness franchisees are permitted to use them as long as they remain franchisees and Punch King Fitness remains in business. Franchisees are limited to using the Punch King Fitness marks in connection with their franchised business as described in the Franchise Agreement and the Punch King Fitness Operating Manual. Franchisees must also notify Punch King Fitness of any unauthorized use of the marks or any related litigation.
Punch King Fitness retains control over any litigation or proceedings related to the trademarks, and while they may request the franchisee's assistance, they are not required to defend the marks or indemnify the franchisee for expenses or damages in any legal proceedings. Punch King Fitness also has the right to modify or discontinue the use of the marks, and franchisees are required to comply with these changes at their own expense, without any reimbursement from Punch King Fitness.
Franchisees cannot use the Punch King Fitness marks as part of their corporate name, on websites or domain names without prior written consent, or with any modifications. They are also prohibited from registering any of the marks as a service mark, trademark, or internet domain name. This ensures that Punch King Fitness maintains control over its brand and protects its reputation.