Is the All States M.E.D. trademark federally registered with the USPTO?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
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 principal trademark "All States M.E.D." is not federally registered with the USPTO. While an application for registration (Serial No. 97936826) was filed on May 15, 2023, it is currently pending. The FDD explicitly states that because the trademark lacks federal registration, it does not possess the full legal benefits and rights associated with a federally registered trademark. This means All States M.E.D. has less legal recourse to prevent others from using similar marks.
On February 14, 2024, the USPTO issued a Nonfinal Office Action regarding the pending application, raising concerns about the identification of services, multiple class application requirements, and an unacceptable owner name change. All States M.E.D. had not yet responded to this action as of the FDD's publication. If All States M.E.D. cannot resolve these issues, the trademark will not be federally registered.
This lack of federal registration carries potential risks for franchisees. If All States M.E.D.'s right to use the trademark is challenged, franchisees may be required to switch to an alternative trademark. The FDD clearly states that All States M.E.D. is not obligated to reimburse franchisees for any expenses incurred in modifying or discontinuing the use of a mark, or for substituting another trademark. Furthermore, All States M.E.D. does not reimburse franchisees for any loss of goodwill associated with a modified or discontinued mark. This could lead to unexpected costs and potential business disruption for franchisees.