Does Aunt Millies Bakeries own the 'Sunbeam' trademark, or is it licensed?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer 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").
Source: Item 13 — TRADEMARKS (FDD pages 29–30)
What This Means (2025 FDD)
According to Aunt Millies Bakeries's 2025 Franchise Disclosure Document, the 'Sunbeam' trademark is licensed, not owned. Specifically, Aunt Millies Bakeries derives the right to manufacture, sell, and distribute "Sunbeam" products from an agreement with Quality Bakers of America Cooperative, Inc. ("QBAC"), of which they are a member. This agreement, dating back to November 20, 1946, allows Aunt Millies Bakeries to operate within a designated QBAC Territory, which includes portions of Indiana and Michigan. As long as Aunt Millies Bakeries remains a member in good standing with QBAC, the agreement remains in effect.
For a prospective franchisee, this means that the right to sell 'Sunbeam' products is contingent upon Aunt Millies Bakeries's continued membership and good standing within QBAC. If a franchisee's sales area falls within the QBAC Territory, they can distribute 'Sunbeam' products alongside Aunt Millie's and Koepplinger's products. However, this right is not guaranteed indefinitely and depends on the ongoing relationship between Aunt Millies Bakeries and QBAC.
The FDD also lists the trademarks owned by Aunt Millies Bakeries, which include 'Aunt Millie’s', 'Koepplinger’s', and 'WE LOVE TO BAKE'. These marks are registered on the Principal Register of the United States Patent and Trademark Office, indicating ownership by Aunt Millies Bakeries. In contrast, 'Sunbeam' and 'Hillbilly' are explicitly identified as licensed marks, further clarifying that Aunt Millies Bakeries does not own these trademarks but rather has the right to use them through licensing agreements.
It is important for potential franchisees to understand the distinction between owned and licensed trademarks, as the rights and control over these marks differ significantly. While Aunt Millies Bakeries has direct control over its owned trademarks, its use of licensed trademarks like 'Sunbeam' is subject to the terms and conditions of the licensing agreements. This could potentially impact a franchisee's ability to sell 'Sunbeam' products if the licensing agreement were to change or terminate.