When did Better Blend's affiliate respond to the suspension inquiry?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
On August 29, 2022, a suspension notice was sent to Better Blend Nutrition, LLC, in which the assigned trademark examining attorney that suspended the registration of the trademark and that, inter alia, maintained a rejection claiming a likelihood of confusion with an existing registered mark (specifically, U.S. Registration No. 6443280 (for "BLEND NUTRITION")). Our affiliate responded to the suspension inquiry in May 2023 after signing a Coexistence Agreement with the owner of the BLEND NUTRITION mark.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, Better Blend Nutrition, LLC, Better Blend's affiliate, responded to a suspension inquiry in May 2023. The suspension notice, which was sent on August 29, 2022, by the trademark examining attorney, concerned a potential likelihood of confusion with U.S. Registration No. 6443280 for "BLEND NUTRITION".
Better Blend's affiliate addressed the suspension by entering into a Coexistence Agreement with the owner of the BLEND NUTRITION mark. This type of agreement is a common way to resolve trademark disputes where two similar marks exist, and both parties agree to conditions that minimize consumer confusion.
For a prospective Better Blend franchisee, this highlights the importance of trademark due diligence. While Better Blend has taken steps to protect its trademarks, the existence of similar marks and the need for coexistence agreements suggest that there could be ongoing trademark-related issues. Franchisees should be aware of the potential need to modify trademarks or face legal challenges, although Better Blend states they will defend and indemnify franchisees in case of infringement claims arising from the franchisee's use of the trademark, as long as the franchisee is operating within the bounds of the franchise agreement.