Has 1 800 Packouts renewed or filed any affidavits with respect to the Marks?
1_800_Packouts Franchise · 2025 FDDAnswer from 2025 FDD Document
r material to the franchise. We do not actually know of either superior rights or infringing uses that could materially affect your use of the Marks in any state. We have not renewed or filed any affidavits with respect to the Marks, because none of the Marks have been eligible for renewal or for the filing of affidavits of use.
Source: Item 13 — TRADEMARKS (FDD pages 44–45)
What This Means (2025 FDD)
According to the 2025 FDD, 1 800 Packouts states that they have not renewed or filed any affidavits for their trademarks because none of the marks have been eligible for renewal or for filing affidavits of use. However, Packout Holdings, the owner of the marks, intends to renew each registration, including filing all appropriate affidavits for each respective Mark at the times required by law.
This means that while 1 800 Packouts itself hasn't taken these actions, the company that owns the trademarks intends to do so when the time comes. For a prospective franchisee, this indicates that the trademarks are intended to be kept in good standing, which is crucial for brand recognition and protection.
It is important for a franchisee to understand that 1 800 Packouts's right to use the marks is derived from the Franchise Agreement and is contingent upon compliance with the agreement. Any unauthorized use of the marks constitutes infringement, and the goodwill associated with the marks benefits 1 800 Packouts exclusively. Franchisees should also be aware that they cannot contest the validity or ownership of the marks.