Is Country Visions aware of any other users of the APRICOT LANE mark or similar marks?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no currently effective material determinations of the Patent Office, Trademark Trial and Appeal Board, the trademark administrator of any state or any court, pending infringement, opposition, or cancellation proceedings or any pending material litigation involving the principal marks.
There are no agreements currently in effect that limit our right to use the principal marks. We are not aware of any other users of the mark APRICOT LANE or similar marks. There are no prior superior rights or infringing uses of the Marks actually known to COUNTRY VISIONS.
Should COUNTRY VISIONS change or modify the System, including the adoption and use of new or modified trade names, trademarks, service marks or copyrighted materials, new computer systems, new inventory items, new merchandising techniques, new equipment or new techniques, you will be required to accept, use and display these changes in the System as if they were part of the Franchise Agreement at the time you signed it. You will make expenditures as are reasonably required by these changes in the System, including changes in the Marks; however, your expenditures for these and other System modifications are limited as noted in Item 8 of this Disclosure Document. You shall not change, modify or alter the System in any way, except as directed by COUNTRY VISIONS.
You must promptly notify COUNTRY VISIONS of any infringement of or challenge to your use of the Marks. You must also notify us of any action, claim or demand against you relating to the Marks within 10 days after you receive notice of it. Upon receiving notice from you, COUNTRY VISIONS will take the action we think is appropriate and has the right to control exclusively any litigation, USPTO proceeding or any other administrative proceeding arising from any infringement, challenge or claim or otherwise relating to the Marks. If we initiate an action, we will bear all expenses of the proceedings.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, Country Visions states that they are not aware of any other users of the APRICOT LANE mark or similar marks. They also state that there are no prior superior rights or infringing uses of the Marks actually known to COUNTRY VISIONS. This indicates that Apricot Lane believes it has exclusive rights to the APRICOT LANE trademark. The trademark APRICOT LANE is registered under registration number 3,011,274 since November 1, 2005.
Apricot Lane franchisees are required to promptly notify Country Visions of any infringement or challenge to the use of the Marks. Franchisees must also notify Country Visions of any action, claim, or demand against them relating to the Marks within 10 days after receiving notice of it. Country Visions will then take action it deems appropriate and has the right to exclusively control any litigation, USPTO proceeding, or any other administrative proceeding arising from any infringement, challenge, or claim relating to the Marks. If Country Visions initiates an action, they will bear all expenses of the proceedings.
Franchisees must cooperate with Country Visions and sign all necessary documents to assist them in any litigation relating to the Marks. However, Country Visions is not obligated to protect or defend the franchisee's use of the Marks or to indemnify them for damages if they are a party to any administrative or judicial proceeding involving the Marks. Franchisees may only use the Marks as permitted by the Franchise Agreement and in accordance with Country Visions' guidelines. Any goodwill established by the franchisee's use of the Marks belongs to Country Visions. Franchisees may not contest the validity or ownership of the Marks.
Apricot Lane franchisees cannot use any Mark as part of their corporate name, in any modified form, in the sale of any unauthorized product or service, or in any manner not authorized in writing by Country Visions. Franchisees must provide notices of trademark and service mark registrations as specified by Country Visions and obtain fictitious or assumed name registrations required under applicable law. Should Country Visions change or modify the System, including the adoption and use of new or modified trade names, trademarks, service marks or copyrighted materials, new computer systems, new inventory items, new merchandising techniques, new equipment or new techniques, franchisees will be required to accept, use and display these changes in the System as if they were part of the Franchise Agreement at the time they signed it.