Are there any pending infringement proceedings involving the Marks for Bens Soft Pretzels?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
There are currently no effective material determinations by the United States Patent and Trademark Office (the "USPTO"), the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, or any pending infringement, opposition or cancellation proceeding, or any pending material litigation, involving the Marks. Except as noted above, there are no agreements in effect that significantly limit our rights to use or license the use of any Marks in any manner material to the franchise. There are no infringing uses actually known to us that could materially affect your use of the Marks.
We are not obligated to protect you against infringement or unfair competition claims arising out of your use of the Marks, or to participate in your defense or indemnify you. We reserve the right to control any litigation (including any administrative proceedings) related to the Marks and we have the sole right to decide whether to pursue, settle or take any other action with respect to any infringement actions related to the Marks. You must notify us promptly of any infringement or unauthorized use of the Marks of which you become aware. If we determine that a trademark infringement action requires changes or substitutions to the Marks, you must make the changes or substitutions at your own expense.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, there are currently no material determinations by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any court, and no pending infringement, opposition, cancellation proceeding, or material litigation involving the Marks. The FDD also states that there are no agreements that significantly limit Bens Soft Pretzels' rights to use or license the use of any Marks in any manner material to the franchise, and there are no known infringing uses that could materially affect a franchisee's use of the Marks.
However, Bens Soft Pretzels is not obligated to protect franchisees against infringement or unfair competition claims arising from their use of the Marks, nor are they required to participate in the franchisee's defense or indemnify them. Bens Soft Pretzels retains the right to control any litigation related to the Marks, including administrative proceedings, and has the sole right to decide whether to pursue, settle, or take any other action regarding infringement actions. Franchisees must promptly notify Bens Soft Pretzels of any infringement or unauthorized use of the Marks they become aware of.
Furthermore, if Bens Soft Pretzels determines that a trademark infringement action requires changes or substitutions to the Marks, franchisees must make these changes at their own expense. Bens Soft Pretzels may change the System identified by the Marks, including adopting new Marks, Menu Items, products, equipment, or techniques, and franchisees must adopt these changes as if they were part of the Franchise Agreement. For example, franchisees may be required to cease using the BEN'S SOFT PRETZELS Mark and use a different Mark designated by Bens Soft Pretzels. There are no limitations on Bens Soft Pretzels' right to change or modify the Marks, and they may do so for any reason, including challenges to their ownership of the Marks, changes in market conditions, or claimed or actual infringement of their Marks. Franchisees will receive written notice of any changes or modifications to the Marks and will have a reasonable amount of time, not exceeding six months, to implement these changes. All changes or modifications to the Marks will be at the franchisee's sole expense, and Bens Soft Pretzels will have no liability or obligation regarding the modification or discontinuance of any Mark.