Has Aunt Millies Bakeries filed all required affidavits for the trademarks they own?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer from 2025 FDD Document
The 3 marks we own, Aunt Millie's, Koepplinger's, and WE LOVE TO BAKE, are registered on the Principal Register of the United States Patent and Trademark Office. We have filed all required affidavits and renewed these Marks in a timely manner.
Licensed Marks
We have entered into 2 agreements which give us the right to manufacture, sell, and distribute products under the "Sunbeam" and "Hillbilly" marks ("Licensed Marks"). We do not have the authority to file required affidavits or to renew the registrations of the Licensed Marks. In our License Agreement ("Roush License Agreement") dated December 10, 1975 with Roush Bakery Products, Inc. ("Roush"), we have the exclusive right to manufacture and sell Hillbilly Bread in certain areas of Indiana and Ohio ("Our Roush Territory"). If your Sales Area is within Our Roush Territory, you may distribute Hillbilly Bread products as well as Aunt Millie's and Koepplinger's products. The term of the Roush License Agreement is for an indefinite period of time, although we may cancel it by giving 120 days written notice. Roush may terminate the Roush License Agreement upon 10 days' notice for cause, including: our failure to follow Roush's recipes, our failure to maintain at least 40 grocery routes for the distribution of Hillbilly Bread, our failure to sell an average of at least 100 units of Hillbilly bread per route per week over a 30 day period, our discontinuing the manufacture and/or sale of the Hillbilly products for a period of 30 or more days, or in the event of our insolvency, assignment for the benefit of creditors, or the filing of a bankruptcy petition.
Source: Item 13 — TRADEMARKS (FDD pages 29–30)
What This Means (2025 FDD)
According to Aunt Millies Bakeries' 2025 Franchise Disclosure Document, Aunt Millies Bakeries has filed all necessary affidavits and renewed their owned trademarks, which include "Aunt Millie's," "Koepplinger's," and "WE LOVE TO BAKE," in a timely manner. These marks are registered on the Principal Register of the United States Patent and Trademark Office.
However, Aunt Millies Bakeries also utilizes licensed marks, specifically "Sunbeam" and "Hillbilly." The company does not have the authority to file required affidavits or renew the registrations for these Licensed Marks. The right to use "Sunbeam" products comes from an agreement with Quality Bakers of America Cooperative, Inc. ("QBAC"), while the right to use "Hillbilly" comes from an agreement with Roush Bakery Products, Inc.
For a prospective franchisee, this means that Aunt Millies Bakeries has taken the necessary steps to maintain its core trademarks. However, the franchisee's ability to use the "Sunbeam" and "Hillbilly" marks depends on Aunt Millies Bakeries' continued agreements with QBAC and Roush, respectively. The FDD specifies conditions under which these agreements could be terminated, which could impact a franchisee's product offerings in certain territories.