Is there any pending opposition 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 or previous legal issues regarding their trademarks. Specifically, the FDD states that there has not been any determination by the patent office, trademark administrator of any state, or any court, nor any pending interference, opposition, or cancellation proceeding, or any material pending litigation involving Beehive Homes' trademarks, service marks, trade names, logo types, or other commercial symbols. This indicates that Beehive Homes' trademarks are not currently subject to any legal challenges that could affect a franchisee's ability to use them.
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, according to their agreement with Bee Hive Homes of America, Inc. The FDD also clarifies that the termination, expiration, or nonrenewal of their license agreement will not affect a franchisee's rights to use of the trademarks, service marks, and trade names as described in the Franchise Agreement. This provides some assurance to franchisees that their right to use the Beehive Homes branding will continue even if the licensing agreement between the franchisor and Bee Hive Homes of America, Inc. changes.
Furthermore, the FDD states that franchisees must notify Beehive Homes in writing of any claim, demand, or suit based upon or in connection with any rights they have to use the trademarks, service marks, trade names, logotypes, or commercial symbols. Franchisees must also notify Beehive Homes in writing of the use of, or claims of rights to, a trademark identical to or confusingly similar to the names and marks. Beehive Homes has the right to defend any such claims, demands, or suits, but they are not obligated to protect franchisees against any such claim, demand, or suit, nor are they obligated to protect franchisees against claims of infringement or unfair competition. Franchisees have the right to protect themselves, at their sole cost, from any claims if Beehive Homes elects not to.
Finally, the FDD indicates that if Beehive Homes decides 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, franchisees will comply, and Beehive Homes' sole obligation will be to reimburse franchisees for tangible costs in changing signs and printed matter to comply with this obligation. The FDD also states that there are no infringing uses actually known to Beehive Homes which could materially affect a franchisee's use of the trademarks, service marks, trade names, logotypes, or commercial symbols.