What is William Loesch's obligation regarding maintaining his interest in the Baya Bar Marks?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
ation 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.
Source: Item 13 — TRADEMARKS (FDD pages 40–41)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, William Loesch, the owner of Baya Bar, is obligated to file all necessary affidavits and documents to maintain his interest in the Baya Bar Marks. This obligation is crucial for protecting the brand's trademarks and ensuring their continued validity. The trademark "BAYA BAR" was registered with the U.S. Patent and Trademark Office (USPTO) on April 3, 2018, under registration number 5,440,085. The application date was May 14, 2017, with serial number 87/448,937.
For a prospective Baya Bar franchisee, this means that the franchisor is expected to take the steps necessary to protect the trademarks that the franchisee is licensing. The franchisee is granted the right to use Baya Bar's trademarks, trade names, service marks, symbols, emblems, logos, and indicia of origin, but only in the manner authorized by Baya Bar and for the operation of the franchised business. The franchisee cannot use the marks as part of their corporate or legal name and must follow Baya Bar's instructions for trade name or fictitious name registrations.
Franchisees must also sign documents required to protect the marks or maintain their validity and enforceability and cannot contest Baya Bar's ownership or rights to the marks. They are required to notify Baya Bar immediately of any apparent infringement of the marks or challenges to their use. Baya Bar retains the right to grant other licenses for the use of the marks, develop other systems using the marks, and engage in the production, distribution, and sale of products and services using the marks. This ensures that Baya Bar maintains control over its brand and can continue to expand and evolve its business model.