What are the primary Franchise Marks used to identify the Azal Coffee Franchise System?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
TRADEMARKS**
Principal Trademarks
You receive the right to operate your Store under the name Azal Coffee, which are the primary Franchise Marks used to identify our Franchise System. You may also use any other current or future Franchise Marks to operate your Store that we designate, including the logo on the front of this Disclosure Document and the service marks listed below. By "Franchise Marks," we mean any trade name, trademark, service mark, or logo used to identify your business.
The following is a description of the Franchise Marks we will license to you. The following table discloses the Franchise Marks that are either registered or pending on the U.S. Patent and Trademark Office ("USPTO") Principal Register and the Franchise Marks for which we have filed applications for registration on the Principal Register.
| Mark | Registration Number | Application Number | Principal or Supplemental Register of the USPTO | Registration Date | Application Date |
|---|---|---|---|---|---|
| Azal Coffee™ | 98,011,122 | Principal | 05/24/2023 | ||
| ™ | 98,011,157 | Principal | 05/24/2023 |
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.
Determinations, Agreements or Uses Affecting Trademarks
There are no currently effective material determinations of the USPTO, Trademark Trial and Appeal Board, the Trademark Administrator of any state, or any court, any pending interference, opposition or cancellation proceeding nor any pending material federal or state court litigation involving our principal Franchise Marks. There are no agreements currently in effect that limit our rights to use or license the principal Franchise Marks in any manner material to your franchise. We do not know of any superior prior rights or infringing uses of the principal Franchise Marks that could materially affect your use of our principal Franchise Marks.
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2024 FDD)
According to Azal Coffee's 2024 Franchise Disclosure Document, the primary Franchise Mark used to identify the franchise system is "Azal Coffee". Franchise Marks are defined as any trade name, trademark, service mark, or logo used to identify the business. Franchisees receive the right to operate their store under this name, and may also use any other current or future Franchise Marks that Azal Coffee designates, including the logo in the FDD and listed service marks.
While Azal Coffee intends to file all required affidavits relating to their Franchise Marks, they do not currently have a federal registration for the principal trademarks. The FDD indicates that Azal Coffee has filed applications for registration on the Principal Register with the U.S. Patent and Trademark Office (USPTO) for both "Azal Coffee™" and "™", with application dates of May 24, 2023. The application number for Azal Coffee is 98,011,122, and the application number for the trademark symbol is 98,011,157.
Because the trademarks are not federally registered, they do not have as many legal benefits and rights as a federally registered trademark. If the right to use the trademarks is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses. The FDD states that there are no currently effective material determinations of the USPTO, Trademark Trial and Appeal Board, the Trademark Administrator of any state, or any court, any pending interference, opposition or cancellation proceeding nor any pending material federal or state court litigation involving Azal Coffee's principal Franchise Marks. Additionally, there are no agreements currently in effect that limit Azal Coffee's rights to use or license the principal Franchise Marks in any manner material to the franchise, and Azal Coffee does not know of any superior prior rights or infringing uses of the principal Franchise Marks that could materially affect a franchisee's use of their principal Franchise Marks.
Azal Coffee retains the right to modify or discontinue using any Franchise Mark at its discretion, and franchisees must abide by these changes at their own expense. Franchisees have no rights to continue using a Franchise Mark after Azal Coffee has made modifications or changes. Franchisees must promptly notify Azal Coffee of any claim, suit, or demand against them on account of any alleged infringement, unfair competition, or similar matter relating to their use of the Franchise Marks, or if they become aware of any third party using the Franchise Marks without authorization.