Are there any pending material litigations involving the Marks for Bens Soft Pretzels?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
ave no liability or obligation as to your modification or discontinuance of any Mark.
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 effective material determinations by the United States Patent and Trademark Office, 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. The FDD also states that there are no agreements in effect 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 infringing uses actually known to them that could materially affect a franchisee's use of the Marks.
However, Bens Soft Pretzels is not obligated to protect a franchisee against infringement or unfair competition claims arising out of their use of the Marks, or to participate in their defense or indemnify them. Bens Soft Pretzels reserves the right to control any litigation related to the Marks and has the sole right to decide whether to pursue, settle or take any other action with respect to any infringement actions related to the Marks. Franchisees must notify Bens Soft Pretzels promptly of any infringement or unauthorized use of the Marks of which they become aware.
Furthermore, if Bens Soft Pretzels determines that a trademark infringement action requires changes or substitutions to the Marks, the franchisee must make the changes or substitutions at their own expense. Bens Soft Pretzels also has the right to change Schedule B to the Franchise Agreement, which identifies the Marks that the franchisee is licensed to use, from time to time. The franchisee is not permitted to make any changes or substitutions of any kind in or to the use of the Marks unless Bens Soft Pretzels directs in writing. Bens Soft Pretzels may change the System presently identified by the Marks including the adoption of new Marks, new Menu Items, new products, new equipment or new techniques and the franchisee must adopt the changes in the System, as if they were part of the Franchise Agreement at the time of its execution. 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 as to the franchisee's modification or discontinuance of any Mark.