Does Auntie Annes currently have a registration for the trademarks with application numbers 97,767,020 and 97,762,713?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
| Mark | Application Number | Application Date | |
|---|---|---|---|
| 97,767,020 | January 25, 2023 | ||
| 97,762,713 | January 20, 2023 |
At this time, we do not have a registration for these trademarks. Therefore, these trademarks do not have many of the legal benefits and rights as a federally-registered trademark. If your right to use these trademarks is challenged, you may have to change to an alternative trademark which will increase your expenses.
Source: Item 13 — TRADEMARKS (FDD pages 80–82)
What This Means (2024 FDD)
According to Auntie Annes's 2024 Franchise Disclosure Document, Auntie Annes does not currently have a registration for the trademarks with application numbers 97,767,020 and 97,762,713. However, Auntie Annes has filed applications with the USPTO to register these marks. These application numbers refer to trademarks that Auntie Annes intends franchisees to use to identify their shops. The application for trademark 97,767,020 was filed on January 25, 2023, and the application for trademark 97,762,713 was filed on January 20, 2023.
Because these trademarks are not yet registered, they do not have the same legal protections as federally registered trademarks. This means that if a third party challenges Auntie Annes's right to use these trademarks, franchisees may be required to switch to an alternative trademark. This could increase expenses for the franchisee.
Auntie Annes retains ownership of all rights and goodwill associated with its proprietary marks. Franchisees' rights to use these marks are derived solely from the Franchise Agreement. Franchisees must adhere to Auntie Annes's standards and instructions when using the marks and cannot use similar marks without authorization. Upon expiration or termination of the Franchise Agreement, all rights to use the marks revert to Auntie Annes.
If a franchisee faces a claim of infringement related to the proprietary marks, they must notify Auntie Annes, who will take necessary action to defend the franchisee. Auntie Annes will indemnify the franchisee against third-party claims of infringement, provided the franchisee has used the marks in accordance with the Franchise Agreement. Auntie Annes has the right to control the defense and settlement of any such claim.