Is the All States M.E.D. trademark currently registered with the USPTO?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
stered or applied for with the U.S. Patent and Trademark Office ("USPTO"):
| 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 | We do not have a federal registration for our principal trademark. Therefore, our trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use the trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses. |
There are no currently effective agreements that significantly limit our rights to use or license the use of our trademarks listed in this section.
Office Action: On February 14, 2024, the USPTO issued a Nonfinal Office Action on our pending application for the Mark "All States M.E.D." (Serial No. 97936826) in which the USPTO questioned our right to register the Mark based upon (1) the identification of the services provided, (2) multiple class application requirements, and (3) an owner name change that was not acceptable. We have not yet replied to the Office Action. If we are not able to overcome the Office Action, then we will not be able to obtain a federal trademark registration for the mark in the table above.
Other than the Office Action described above, there are no currently effective determinations of the USPTO, the Trademark Trial and Appeal Board, or any state trademark administrator or any court; or any pending infringement, opposition, or cancellation proceeding in which we unsuccessfully sought to prevent registration of a trademark in order to protect a trademark licensed by the franchisor. There is no pending material federal or state court litigation regarding our use or ownership rights in a trademark.
We know of no infringing or prior superior uses that could materially affect the use of the Marks.
You do not receive any rights to the Marks other than the right to use them in the operation of your Franchised Business. You must follow our rules when you use the Marks. You must use the Marks as the sole trade identification of the franchised business. You cannot use any Mark or portion of any Mark as part of any business entity name. You may not use any Mark in connection with the sale of any unauthorized services or products, or in any other manner that we do not authorize in writing. You must obtain a fictitious or assumed name registration if required by your state or local law. Any unauthorized use of the Marks by you is a breach of the Franchise Agreement and an infringement of our rights in the Marks.
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 trademark for "All States M.E.D." is not currently registered with the U.S. Patent and Trademark Office (USPTO). While an application (Serial No. 97936826) was filed on May 15, 2023, it is still pending. The application is for the Principal Register of the USPTO. As of February 14, 2024, the USPTO issued a Nonfinal Office Action 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. had not yet replied to this action at the time of the FDD's publication. If All States M.E.D. cannot overcome the Office Action, they will not be able to obtain federal trademark registration.
This lack of federal registration has important implications for prospective franchisees. Without a federal registration, the All States M.E.D. trademark lacks many legal benefits and rights. If the right to use the trademark is challenged, franchisees may be required to switch to an alternative trademark, potentially increasing their expenses. All States M.E.D. does not have to reimburse franchisees for these modifications or for any loss of goodwill associated with a discontinued mark. Franchisees are responsible for adapting their franchised business to any new or modified marks, including adding or replacing equipment, supplies, and fixtures, at their own cost.
All States M.E.D. retains control over any administrative or judicial proceedings involving their trademarks. Franchisees are obligated to notify All States M.E.D. of any infringement claims and must not contest the validity or ownership of the marks. Franchisees must use the marks as the sole trade identification of their franchised business and cannot use any mark or portion of it as part of their business entity name. They also cannot use any mark in connection with unauthorized services or products. Any unauthorized use of the marks constitutes a breach of the Franchise Agreement and an infringement of All States M.E.D.'s rights. Franchisees may be required to obtain a fictitious or assumed name registration as required by state or local law.