What are some examples of similar goods and services that other businesses with similar names to Bambu may have federally registered trademarks for?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
We are aware of other businesses that use names similar to the Marks in certain areas. Some of these other businesses have federally registered trademarks covering similar goods and services such as restaurants and coffee products. As a result, there may be superior prior rights or infringing uses that could materially affect the use of the Marks in certain areas. We strongly urge you to research this possibility, using telephone directories, local filings and other means, before you sign the Franchise Agreement or any other documents related to your business, or expending or paying any sums or making any commitments concerning your business. If you fail to do so, you may be at risk.
The Franchise Agreement does not obligate us to protect you against claims of infringement or unfair competition with respect to your use of the Marks. We reserve the right, in our sole discretion, to take any actions that we deem necessary or appropriate to protect the Marks. We pay all costs, including attorneys'
fees and court costs, associated with any litigation we decide to commence or defend on your behalf to protect the marks and your right to use them. You must cooperate with us in any litigation. Any apparent infringement of or challenge to your use of any Mark should be brought to our attention immediately and you may not communicate with any person other than us or our counsel regarding any such matter. You may not settle any claim without our written consent. We have sole discretion to take any appropriate action. We have the right to control exclusively any litigation, USPTO proceeding or any other administrative proceeding arising out of any infringement, challenge or claim relating to any Mark.
Source: Item 13 — (FDD pages 40–42)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, other businesses using similar names may have federally registered trademarks for goods and services such as restaurants and coffee products. This means that a prospective Bambu franchisee needs to be aware of the potential for trademark conflicts in their area.
Bambu acknowledges that these existing trademarks could create superior prior rights or lead to infringing uses that might materially affect a new franchisee's use of the Bambu marks in certain locations. Therefore, Bambu strongly urges prospective franchisees to conduct thorough research using telephone directories, local filings, and other means before signing any agreements or making any financial commitments.
It is important to note that the Franchise Agreement does not obligate Bambu to protect franchisees against claims of infringement or unfair competition related to the use of the Bambu marks. However, Bambu reserves the right to take actions it deems necessary to protect the marks and will cover associated legal costs if it decides to commence or defend litigation on the franchisee's behalf. Franchisees are required to cooperate with Bambu in any such litigation and must immediately report any apparent infringement or challenges to the use of any mark. Franchisees cannot communicate with anyone other than Bambu or its counsel regarding these matters and cannot settle any claims without written consent from Bambu.
Ultimately, Bambu retains sole discretion over any litigation, USPTO proceedings, or other administrative proceedings arising from infringement, challenge, or claim relating to any mark. This highlights the importance of conducting due diligence before investing in a Bambu franchise to minimize the risk of trademark-related issues.