Does the All County FDD state that there are any pending infringements concerning the principal All County mark?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
ks"). You cannot use our Marks as part of your corporate name. You may not use our Marks in the event you wish to advertise the sale of your Franchise.
There are no currently effective material determinations of the PTO, Trademark Trial and Appeal Board, or the trademark administrator of any state or any court. There are no pending infringements, oppositions or cancellations concerning our principal Mark. There is no pending material litigation involving the principal Mark. There are no agreements currently in effect that significantly limit our rights to use or license the use of the principal Mark in a manner material to your ALL COUNTY® Franchise. We have submitted all required affidavits.
We have no actual knowledge of superior prior rights or infringing uses that could materially affect your use of the principal trademark in the state where your ALL COUNTY® Franchise may be located.
You must notify us immediately of any apparent infringement or challenge to your use of any Mark we license to you under the Franchise Agreement, or of any claim by any person of any rights in any Mark, and we have sole business judgment to take the actions we deem appropriate and the right to control exclusively any litigation, PTO proceeding or any other administrative proceeding arising out of any infringement, challenge or claim or otherwise relating to any Mark.
Source: Item 13 — Trademarks (FDD pages 28–30)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, there are no pending infringements, oppositions, or cancellations concerning their principal mark. The FDD also states that there is no pending material litigation involving the principal mark, and there are no agreements currently in effect that significantly limit All County's rights to use or license the use of the principal mark in a manner material to an All County franchise. This indicates that All County is not currently involved in any legal disputes or challenges regarding its trademarks. They have also submitted all required affidavits.
This assurance is important for prospective franchisees because it suggests that All County's brand and trademarks are secure and legally protected. Franchisees can typically operate under the All County name without immediate concern about trademark disputes that could disrupt their business operations.
However, the FDD also states that franchisees must notify All County immediately of any apparent infringement or challenge to the use of any mark licensed to them. All County retains sole business judgment to take actions it deems appropriate and has the right to control exclusively any litigation, PTO proceeding, or any other administrative proceeding arising out of any infringement, challenge, or claim or otherwise relating to any Mark. Franchisees are obligated to sign documents and render assistance to protect All County's interests in any litigation or PTO proceeding. This means that while All County takes responsibility for managing trademark-related legal matters, franchisees have a responsibility to report any potential issues and cooperate with All County in protecting the trademarks.
All County also states that if it becomes advisable to modify or discontinue the use of any marks, franchisees are obligated to comply with their directions within a reasonable time after receiving notice. All County is not obligated to reimburse franchisees for any loss of revenue attributed to any modified or discontinued Marks or for any expenditures made to promote a modified or substitute trademark or service mark. This highlights the importance of franchisees understanding that All County has the right to make changes to its trademarks, and franchisees must be prepared to adapt accordingly, potentially at their own expense.