Does Azal Coffee currently have a federal registration for its principal trademarks?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
We do not have a federal registration for the principal trademarks listed in the table above. Therefore, the trademarks do not have as many legal benefits and rights as a federally registered trademark. If our right to use the trademarks is challenged, you may have to change to an alternative trademark, which may increase your expenses.
We intend to file all required affidavits relating to our Franchise Marks.
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2024 FDD)
According to Azal Coffee's 2024 Franchise Disclosure Document, Azal Coffee does not currently have a federal registration for its principal trademarks. However, Azal Coffee has filed applications for registration on the Principal Register with the U.S. Patent and Trademark Office (USPTO). The trademark 'Azal Coffee' has an application number of 98,011,122, and the trademark '™' has an application number of 98,011,157, both filed on May 24, 2023, for registration on the Principal Register.
Because the trademarks are not federally registered, Azal Coffee acknowledges that they do not have as many legal benefits and rights as a federally registered trademark. This means that if Azal Coffee's right to use the trademarks is challenged, franchisees may be required to change to an alternative trademark, potentially increasing their expenses.
Despite the lack of current federal registration, Azal Coffee states its intention to file all required affidavits relating to its Franchise Marks. Additionally, Azal Coffee asserts that there are no current material determinations of the USPTO, Trademark Trial and Appeal Board, or any court, nor any pending interference, opposition, cancellation proceeding, or material federal or state court litigation involving its principal Franchise Marks. Azal Coffee also states that no agreements limit its rights to use or license the principal Franchise Marks in any manner material to the franchise, and it is not aware of any superior prior rights or infringing uses of the principal Franchise Marks that could materially affect a franchisee's use of them.
As an Azal Coffee franchisee, it is your responsibility to promptly notify Azal Coffee of any claim, suit, or demand against you related to alleged infringement, unfair competition, or similar matters concerning the Franchise Marks. You must also inform Azal Coffee if you become aware of any unauthorized third-party use of the Franchise Marks or confusingly similar names or marks.