factual

Does Aunt Millies Bakeries own or license the 'Sunbeam' trademark?

Aunt_Millies_Bakeries Franchise · 2025 FDD

Answer from 2025 FDD Document

akeries or Licensed by Aunt Millie's Bakeries

| Trademark | Date Registered | Registration # | |---|---|---| | Aunt Millie’s | September 3, 1996 | 1998181 | | Koepplinger’s | November 27, 1951 | 0551341 | | Sunbeam (Licensed; see | May 14, 1968 | 0849089 | | below) | | | | Hillbilly (Licensed; see below) | March 9, 1965 | 0786501 | | WE LOVE TO BAKE | January 4, 2011 | 3901093 | 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.

Source: Item 13 — TRADEMARKS (FDD pages 29–30)

What This Means (2025 FDD)

According to Aunt Millies Bakeries's 2025 Franchise Disclosure Document, the company does not own the 'Sunbeam' trademark. Instead, Aunt Millies Bakeries licenses the 'Sunbeam' trademark through an agreement with Quality Bakers of America Cooperative, Inc. (QBAC), dating back to November 20, 1946.

For a prospective franchisee, this means that the right to distribute 'Sunbeam' products is contingent upon Aunt Millies Bakeries remaining a member in good standing with QBAC. The FDD states that Aunt Millie's Bakeries has been a member of QBAC for almost 60 years and anticipates no foreseeable termination of this agreement. However, there is still a risk that the agreement could be terminated, which would impact a franchisee's ability to sell 'Sunbeam' products.

The agreement with QBAC defines Aunt Millies Bakeries's territory for 'Sunbeam' products as portions of Indiana and Michigan. If a franchisee's sales area falls within this QBAC territory, they are permitted to distribute 'Sunbeam' products, in addition to Aunt Millie's and Koepplinger's products. This geographic restriction is an important consideration for potential franchisees when evaluating the market for these products.

The FDD also indicates that Aunt Millies Bakeries has the right to require franchisees to discontinue the use of any principal mark. If Aunt Millies Bakeries were to discontinue the use of the 'Sunbeam' trademark, franchisees would be required to comply, but Aunt Millies Bakeries would reimburse the franchisee's out-of-pocket expenses for changing signs, letterheads, and other tangible items bearing the 'Sunbeam' marks.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.