What is the application date for the All States M.E.D. trademark?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
| Description of Mark | Serial/Registration Number | Principal or Supplemental Register of the USPTO | Registration Date |
|---|---|---|---|
| All States M.E.D. | 97936826 | Principal | Not Registered; Pending; Applied for May 15, 2023 |
Source: Item 13 — TRADEMARKS (FDD pages 29–30)
What This Means (2024 FDD)
According to All States M.E.D.'s 2024 Franchise Disclosure Document, the application date for the All States M.E.D. trademark is May 15, 2023. The trademark's serial number is 97936826, and it is filed on the Principal Register of the USPTO. However, the FDD indicates that the trademark is still pending registration.
This means that while All States M.E.D. has applied for the trademark, it has not yet been officially registered. A prospective franchisee should be aware that the USPTO issued a Nonfinal Office Action on February 14, 2024, questioning All States M.E.D.'s right to register the mark based on the identification of services, multiple class application requirements, and an unacceptable owner name change. All States M.E.D. has not yet replied to the Office Action. If All States M.E.D. cannot overcome the Office Action, they will not be able to obtain a federal trademark registration.
Because the trademark is not yet registered, All States M.E.D. acknowledges that it does not have as many legal benefits and rights as a federally registered trademark. If their right to use the trademark is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses. This could potentially impact a franchisee's business if they are required to modify or discontinue using the mark. All States M.E.D. does not have to reimburse franchisees for these modifications or discontinuations.