Is AFURI-JPN required to file registration renewals for its marks related to Afuri Ramen Dumpling?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
AFURI-JPN has filed (or if not yet due, will file) all required affidavits in respect to registrations of our principal marks with the USPTO. AFURI-JPN has filed (or if not yet due, will file) all required registration renewals in respect to such registrations.
Registrations for Our Marks
AFURI-JPN has registered the following marks on the Principal Register of the U.S. Patent and Trademark Office ("USPTO"):
| Mark | Registration Number | Registration Date |
|---|---|---|
| AFURI (standard characters) | 5601052 | November 6, 2018 |
| 5615702 | November 27, 2018 | |
| 5673125 | February 12, 2019 |
We signed a license agreement (the "License Agreement") with AFURI-JPN dated March 29, 2018 for the license right to use, and to sublicense to our franchisees the right to use, the marks in our franchise system. The License Agreement is for 10-year renewable terms and may only be terminated for good cause. We do not anticipate any issue with your use of the Afuri marks because AFURI-JPN is our parent company.
You will immediately notify us of any infringement of, or challenge to, your use of the Marks or any marks identical to or confusingly similar to the Marks, including any claims of infringement or unfair competition. While we will make reasonable efforts to protect your rights to use the Marks, we will have sole discretion to take or not to take action, as we deem appropriate.
Source: Item 13 — Trademarks (FDD pages 37–39)
What This Means (2024 FDD)
According to Afuri Ramen Dumpling's 2024 Franchise Disclosure Document, AFURI-JPN is responsible for filing all necessary registration renewals with the USPTO for its principal marks. This indicates that AFURI-JPN is actively maintaining its trademarks. The trademarks registered by AFURI-JPN include the AFURI mark in standard characters, as well as other variations, with registration numbers 5601052, 5615702, and 5673125, registered on November 6, 2018, November 27, 2018, and February 12, 2019, respectively.
For a prospective Afuri Ramen Dumpling franchisee, this means that the franchisor is taking steps to protect the brand's trademarks, which are critical assets for the franchise system. The franchisee is allowed to use these trademarks, but must adhere to the franchisor's guidelines. The franchisee benefits from the goodwill associated with these marks, although that goodwill accrues to the franchisor.
Afuri Ramen Dumpling also has a license agreement with AFURI-JPN, effective from March 29, 2018, which grants them the right to use and sublicense the marks to franchisees for 10-year renewable terms. This agreement can only be terminated for good cause, and since AFURI-JPN is the parent company, no issues are anticipated with the franchisee's use of the Afuri marks. This arrangement provides a level of security and assurance for franchisees regarding their right to use the brand's trademarks. The franchisee must notify Afuri Ramen Dumpling of any infringement or challenges to the use of the marks, and while Afuri Ramen Dumpling will make reasonable efforts to protect the rights to use the marks, they have sole discretion on whether or not to take action.