Who owns the principal Mark for Baya Bar?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
Our owner, William Loesch owns the following principal Mark which has been registered with the U.S. Patent and Trademark Office ("USPTO") on the Principal Register.
| Mark | Application Date | Serial Number | Registration Date | Registration Number |
|---|---|---|---|---|
| BAYA BAR | May 14, 2017 | 87/448,937 | April 3, 2018 | 5,440,085 |
There are currently no effective determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, no pending infringement, opposition or cancellation proceedings and no pending litigation involving any of the Marks that may significantly affect the ownership or use of any Mark listed above. There are no agreements currently in effect which limits William Loesch rights to the Marks, except that he has granted us the right to use and sublicense the use of the Marks via a perpetual and non-cancelable trademark license agreement between us and Mr. William Loesch dated June 1, 2018. Mr. Loesch intends to file all affidavits and other documents required to maintain his interest in and to the Marks.
You must immediately notify us of any apparent infringement of the Marks or challenge to your use of any of the Marks or claim by any person of any rights in any of the Marks. You are not permitted to communicate with any person other than us, or any designated affiliate, our counsel and your counsel involving any infringement, challenge or claim. We can take action and have the right to exclusively control any litigation or USPTO or other administrative or agency proceeding caused by any infringement, challenge or claim or otherwise relating to any of the Marks. You must sign any and all documents, and do what may, in our counsel's opinion, be necessary or advisable to protect our interests in any litigation or USPTO or other administrative or agency proceeding or to otherwise protect and maintain our interests and the interests of any other person or entity (including any affiliate) having an interest in the Marks.
We will indemnify you against and reimburse you for all damages for which you are held liable for your use of any of the Marks, provided that your conduct in the proceeding and use of the Marks is in full compliance with the terms of the Franchise Agreement.
Source: Item 13 — TRADEMARKS (FDD pages 40–41)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, the owner of the principal mark for Baya Bar is William Loesch. The principal mark, BAYA BAR, was registered with the U.S. Patent and Trademark Office on April 3, 2018, with the registration number 5,440,085. The application date for the mark was May 14, 2017, and the serial number is 87/448,937.
While William Loesch owns the mark, he has granted Baya Bar the right to use and sublicense the use of the marks through a perpetual and non-cancelable trademark license agreement dated June 1, 2018. This means that while Loesch retains ownership, Baya Bar has the legal right to allow its franchisees to use the Baya Bar trademark.
Baya Bar franchisees are required to notify Baya Bar immediately of any apparent infringement of the marks or any challenges to their use. Franchisees are not permitted to communicate with anyone other than Baya Bar, its affiliates, or their counsel regarding any infringement, challenge, or claim. Baya Bar retains exclusive control over any litigation or proceedings related to the marks and will indemnify franchisees against damages they are held liable for due to their use of the marks, provided they are in full compliance with the Franchise Agreement.