Are there any currently effective material determinations by the U.S. Patent and Trademark Office regarding Anago's trademarks?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no currently effective material determinations of the U.S. Patent and Trademark Office, Trademark Trial and Appeal Board, the Trademark Administrator of any state or any court. There are no currently pending infringement, opposition or cancellation proceedings. There is no currently pending material litigation involving the Proprietary Marks.
Agreements
ACS owns the Proprietary Marks. Under a license agreement dated June 1, 2012 (the "License Agreement"), ACS granted us a license to use the Proprietary Marks and to sublicense the Proprietary Marks to Subfranchisors throughout the United States and internationally under a Subfranchise Rights Agreement. The License Agreement is for an initial term of 10 years and renews automatically for successive one-year renewal periods. We have the right to renew the License Agreement if we are not in default. ACS has the right to terminate the License Agreement if we commit a default and do not cure the default within the specified time period or if ACS sends us notice of non-renewal 45 days before the expiration of the current term. If the License Agreement is terminated, and ACS does not elect to assume our rights under the Subfranchise Rights Agreement, you will not be permitted to use the Proprietary Marks in the operation of your business and your Subfranchise Rights Agreement may be terminated. There are no other agreements currently in effect that significantly limit our rights to use or license the use of the Proprietary Marks in any manner material to you or your franchisees.
Source: Item 13 — TRADEMARKS (FDD pages 38–41)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, there are no currently effective material determinations by the U.S. Patent and Trademark Office, Trademark Trial and Appeal Board, the Trademark Administrator of any state, or any court regarding Anago's trademarks. Additionally, there are no currently pending infringement, opposition, or cancellation proceedings, and no currently pending material litigation involving the Proprietary Marks.
This statement provides assurance to potential Anago franchisees that the company's trademarks are not currently subject to any adverse legal or administrative actions that could impact their use. It indicates that Anago has taken steps to protect its brand identity and that there are no known challenges to its ownership or right to use its trademarks.
However, the FDD also states that ACS's assertion of common law rights to Proprietary Marks does not prohibit others from using the Proprietary Marks or confusingly similar variations of the Proprietary Marks who may have established prior rights to the use of the Proprietary Marks, or confusingly similar variations of the Proprietary Marks, in the territories where neither Anago nor its franchisees have operated or advertised under the Proprietary Marks and that are not within the natural zone of expansion for future franchised or company-owned units, provided others do so in good faith and without actual knowledge of Anago's existence or its franchisees' use of the Proprietary Marks. ACS would therefore be unable to prohibit the use of the Proprietary Marks by others who had prior use of the Proprietary Marks or confusingly similar variations of the Proprietary Marks at the time ACS first used them. If others establish prior rights to the Proprietary Marks in certain territories, Anago may be restricted in its ability to use the Proprietary Marks when expanding into those territories.
A prospective franchisee should be aware of the possibility of future challenges or limitations, especially when expanding into new territories. While Anago states they will indemnify franchisees against damages from trademark-related proceedings, the franchisee must promptly notify Anago of any claims and allow Anago to control the defense and settlement of any claim.