Is there any pending interference proceeding involving Beehive Homes trademarks?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
WE have been granted an exclusive right, pursuant to our agreement with Bee Hive Homes of America, Inc. which is described in Item 1, first paragraph under the heading - Affiliates, in this Franchise Disclosure Document, to use or license the use of the trademarks, service marks, trade names, logotypes or other commercial symbols in any manner material to the franchise. The termination, expiration or nonrenewal of our license agreement will not affect your rights to use of the trademarks, service marks and trade names as described in YOUR Franchise Agreement with US.
YOU must notify US in writing of any claim, demand or suit based upon or in connection with any or all rights which YOU have to use the trademarks, service marks, trade names, logotypes or commercial symbols. YOU must also notify US in writing of the use of, or claims of rights to, a trademark identical to or confusingly similar to the names and marks. WE have the right to defend any such claims, demands or suits. However, WE are not obligated by the Franchise Agreement or otherwise to protect YOU against any such claim, demand or suit, nor are WE obligated by the Franchise Agreement or otherwise to protect YOU against claims of infringement or unfair competition. YOU are given the right to protect YOURSELF, at YOUR sole cost, from any claims if WE elect not to.
If at any time it becomes advisable in OUR sole discretion to modify or discontinue any use of the names and marks and/or use one or more additions to or substitutes for the names and marks, YOU will do so and OUR sole obligation will be to reimburse YOU for tangible costs in changing signs and printed matter to comply with this obligation.
There are no infringing uses actually known to US which could materially affect YOUR use of the trademarks, service marks, trade names, logotypes or commercial symbols.
Source: Item 13 — TRADEMARKS (FDD pages 22–23)
What This Means (2025 FDD)
According to Beehive Homes' 2025 Franchise Disclosure Document, there are no pending interference, opposition, or cancellation proceedings, or any material pending litigation involving its trademarks, service marks, trade names, logo types, or other commercial symbols. This means that, as of the FDD's publication date, Beehive Homes is not currently involved in any legal disputes regarding its trademarks. This reduces the risk for a new franchisee that the Beehive Homes brand name or logo will be subject to a legal challenge that could force a re-branding.
However, the FDD also states that if the rights to use the trademark are challenged, a franchisee may have to change to an alternative trademark, which may increase their expenses. Furthermore, franchisees are required to notify Beehive Homes in writing of any claim, demand, or suit based upon or in connection with any rights to use the trademarks. While Beehive Homes has the right to defend such claims, they are not obligated to protect the franchisee against any such claim, demand, or suit, nor are they obligated to protect the franchisee against claims of infringement or unfair competition. The franchisee has the right to protect themselves, at their sole cost, if Beehive Homes elects not to.
Beehive Homes also retains the right to modify or discontinue any use of the names and marks, or use one or more additions to or substitutes for the names and marks. If this occurs, the franchisee will be required to comply, and Beehive Homes' sole obligation will be to reimburse the franchisee for tangible costs in changing signs and printed matter. This could present unexpected costs to the franchisee if Beehive Homes decides to rebrand or modify its trademarks in the future.
While there are currently no known infringing uses that could materially affect a franchisee's use of the trademarks, service marks, trade names, logotypes, or commercial symbols, it is important for a prospective franchisee to understand the potential risks and obligations associated with using the Beehive Homes brand. It is also important to note that Beehive Homes has been granted an exclusive right to use or license the use of the trademarks, service marks, trade names, logotypes or other commercial symbols in any manner material to the franchise, pursuant to their agreement with Bee Hive Homes of America, Inc.