Does Bang Cookies have a federal registration for all of its principal trademarks?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
The following principal trademarks identified in the schedule below are a part of the Licensed Marks, our System, and will be used by you in the operations of the Franchised Business but are not registered with the United States Patent and Trademark Office ("USPTO"). As to each of these principal trademarks:
We do not have a federal registration for each of these principal trademarks. Therefore, the trademarks identified below do not have many legal benefits and rights that are afforded to federally registered trademarks. If our right to use the trademarks (identified below) is challenged, you may have to change to an alternative trademark, which may increase your expenses.
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, not all principal trademarks are federally registered with the United States Patent and Trademark Office (USPTO). The FDD distinguishes between principal trademarks that are registered with the USPTO and those that are not. For trademarks not registered with the USPTO, Bang Cookies acknowledges that these trademarks do not have the same legal benefits and rights as federally registered trademarks. This means that Bang Cookies does not have a federal registration for each of its principal trademarks.
For a prospective franchisee, this distinction is important because unregistered trademarks have less legal protection. If Bang Cookies's right to use an unregistered trademark is challenged, franchisees may be required to switch to an alternative trademark, potentially increasing their expenses. This could involve costs related to rebranding, new marketing materials, and changes to signage.
Bang Cookies does have a federally registered trademark. The trademark "Bang Cookies" is registered with the USPTO under registration number 6344327, with a registration date of May 11, 2011. This registration provides Bang Cookies with stronger legal protection for this specific mark. However, the FDD also states that Bang Cookies reserves the right to modify the marks used in connection with the operation of the shop, and franchisees may only use the licensed marks as authorized in writing.
It is important for potential Bang Cookies franchisees to understand which trademarks are federally registered and which are not, as this affects the level of legal protection and the potential risks associated with using those trademarks. Franchisees should seek clarification from Bang Cookies regarding the specific trademarks they will be authorized to use and the implications of using unregistered marks.