What action did the Better Blend affiliate take in May 2023 in response to the suspension inquiry?

According to Better Blend's 2024 Franchise Disclosure Document, a suspension notice was issued on August 29, 2022, to Better Blend Nutrition, LLC, regarding its trademark registration. The trademark examining attorney cited a likelihood of confusion with an existing registered mark, specifically U.S. Registration No. 6443280 for "BLEND NUTRITION".

In response to this suspension inquiry, Better Blend's affiliate took action in May 2023 by signing a Coexistence Agreement with the owner of the BLEND NUTRITION mark. This agreement suggests that Better Blend sought to resolve the trademark concerns by establishing a formal understanding with the other company, likely outlining how each party could use their respective trademarks to minimize potential confusion among consumers.

This type of agreement is a common practice in trademark disputes, allowing both parties to continue using their marks under specific conditions. For a potential Better Blend franchisee, this highlights the importance of the trademark and the steps Better Blend is taking to protect it. It also indicates that there may be limitations on how the Better Blend trademark can be used to avoid infringing on the rights of others. Franchisees should be aware of these limitations and ensure they adhere to the terms of the Coexistence Agreement to avoid any legal issues.