Are there any pending infringement, opposition, or cancellation proceedings involving the principal marks for Apricot Lane?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
All required affidavits and renewals necessary to maintain the above registered marks have been filed and accepted.
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.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, there are no currently effective material determinations by the Patent Office, Trademark Trial and Appeal Board, or any court regarding pending infringement, opposition, or cancellation proceedings involving the principal marks. This means that, as of the date of the FDD, Apricot Lane is not involved in any active legal disputes that could threaten its trademark rights. This provides some assurance to potential franchisees that the brand's trademarks are secure.
The FDD also states that all necessary affidavits and renewals to maintain the registered marks have been filed and accepted. This indicates that Apricot Lane has taken the required steps to protect its trademarks and keep them in good standing with the relevant authorities. The primary trademark for the franchise is "APRICOT LANE," which was registered on November 1, 2005, under registration number 3,011,274.
However, the document also stipulates that franchisees must promptly notify Apricot Lane of any infringement or challenges to the use of the marks. Apricot Lane retains exclusive control over any litigation or proceedings arising from such issues and will bear the expenses if they initiate an action. While Apricot Lane will take action they deem appropriate, they are not obligated to protect or defend the franchisee's use of the marks or indemnify them in case of legal proceedings. Franchisees are required to cooperate with Apricot Lane in any litigation and must use the marks only as permitted by the franchise agreement.