Does the Beehive Homes FDD state that all required affidavits have been filed with the USPTO for the trademark?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
Bee Hive Homes of America, Inc. is the owner of the mark "Bee Hive Homes®"which was registered with the United States Patent and Trademark Office on the Principal Register on December 30, 2014 (Reg. No. 4,663,072). All required affidavits have been filed with the United States Patent and Trademark Office. The trademark has been renewed. The trademark and/or service mark "Bee Hive Homes" is separately registered in the state of Utah and is not separately registered in any other states. Bee Hive Homes of America, Inc. has licensed the use of the Marks to US. If the rights to use the trademark are challenged, you may have to change to an alternative trademark, which may increase your expenses.
Under the Franchise Agreement, WE grant to YOU a nonexclusive right to operate a Home under the name "Bee Hive Homes" and under any other trade names, trademarks and service marks and logos currently used or that may hereafter be used in the operation of the Homes insofar as available on a state by state basis and only to the extent WE have rights or may acquire rights to the same. YOU must use all names, marks, logos and symbols in full compliance with rules prescribed by US. YOU are prohibited from using any licensed name or mark as part of YOUR corporate name but may, with OUR prior written consent, have the nonexclusive use of the name "Bee Hive Homes" as part of an assumed name registered with applicable governmental authorities having jurisdiction over YOUR location and must execute any document necessary to enable US or any other franchisee to use the name "Bee Hive Homes." YOU are prohibited from using any licensed name or mark in connection with the sale of any unauthorized product or service or in any manner not expressly authorized in writing by US.
There has not been any determination of the patent office, the trademark administrator of any state or any court, any pending interference, opposition or cancellation proceeding, or any material pending litigation involving trademarks, service marks, trade names, logo types or other commercial symbols of OURS.
Source: Item 13 — TRADEMARKS (FDD pages 22–23)
What This Means (2025 FDD)
According to Beehive Homes' 2025 Franchise Disclosure Document, all required affidavits have been filed with the United States Patent and Trademark Office for the "Bee Hive Homes®" trademark. The trademark was registered on the Principal Register on December 30, 2014 (Reg. No. 4,663,072), and has been renewed. This indicates that Beehive Homes has taken the necessary legal steps to maintain its trademark protection at the federal level. The trademark is also registered in the state of Utah, but not separately registered in any other states.
Beehive Homes grants franchisees a nonexclusive right to operate a home under the "Bee Hive Homes" name, as well as any other trade names, trademarks, service marks, and logos currently used or that may be used in the future. Franchisees must use these names, marks, logos, and symbols in full compliance with the rules prescribed by Beehive Homes. Franchisees are prohibited from using any licensed name or mark as part of their corporate name but may, with prior written consent, use the name "Bee Hive Homes" as part of an assumed name registered with applicable governmental authorities.
The FDD also states that there have been no determinations by the patent office, trademark administrator of any state, or any court, and there are no pending interferences, oppositions, cancellation proceedings, or material pending litigation involving Beehive Homes' trademarks. However, if the rights to use the trademark are challenged, franchisees may have to change to an alternative trademark, which may increase their expenses. Franchisees must notify Beehive Homes in writing of any claim, demand, or suit related to the use of the trademarks. While Beehive Homes has the right to defend such claims, they are not obligated to protect franchisees against such claims or against claims of infringement or unfair competition, allowing franchisees to protect themselves at their own cost if Beehive Homes chooses not to.