Has Better Blend applied for registration of its trademark on the Principal Register of the United States Patent and Trademark Office?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
The following is the principal trademark that we license to you. This trademark is owned by our affiliate, Better Blend Nutrition, LLC. We do not have a federal registration for our principal trademark. Therefore, our trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use the trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses. An application for registration on the Principal Register of the United States Patent and Trademark Office has been filed.
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, the affiliate that owns the trademarks, has filed an application for registration on the Principal Register of the United States Patent and Trademark Office. However, Better Blend does not currently have a federal registration for its principal trademark. As the FDD states, without federal registration, the trademark lacks many legal benefits and rights typically associated with federally registered trademarks.
This lack of federal registration presents potential risks for franchisees. The FDD indicates that if Better Blend's right to use the trademark is challenged, franchisees may be required to switch to an alternative trademark. This change could lead to increased expenses for the franchisee.
Better Blend is aware of a prior trademark registered with the U.S. States Patent and Trademark Office, "BETTR", which may be considered similar. Better Blend is also aware of other food-service businesses using similar names. The FDD acknowledges that these other brands may have superior rights in their local trade areas, and Better Blend cannot guarantee exclusive or superior rights to their mark in all geographical areas. Prospective franchisees should carefully consider these potential trademark conflicts and the implications for their business before investing in a Better Blend franchise.