With which existing registered mark was the Better Blend trademark potentially confusing?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
6, 2021 | 90694398 |
Determinations
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.
There are no other currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. There are no pending infringement, opposition, or cancellation proceedings.
Litigation
There is no pending material federal or state court litigation regarding our use or ownership rights in a trademark.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, the Better Blend Nutrition, LLC trademark application faced a suspension notice on August 29, 2022, due to a potential likelihood of confusion with an existing registered mark. Specifically, the U.S. Registration No. 6443280, which is for the mark "BLEND NUTRITION", was cited as the reason for the suspension. Better Blend's affiliate responded to this inquiry in May 2023 after reaching a Coexistence Agreement with the owner of the BLEND NUTRITION mark.
This situation highlights the importance of trademark clearance and the potential challenges in establishing exclusive rights to a brand name. The initial rejection suggests that the United States Patent and Trademark Office (USPTO) found the Better Blend mark to be similar enough to BLEND NUTRITION that consumers might be confused. This could impact Better Blend franchisees, as it could limit the brand's ability to fully protect its trademark rights and expand into certain markets where the existing mark has a strong presence.
To resolve the issue, Better Blend entered into a Coexistence Agreement with J&S Vision Marketing, Inc., the owner of the "BLEND NUTRITION" trademark. This agreement, dated April 18, 2023, stipulated that both parties believed there was no likelihood of confusion between their respective marks. They agreed not to use their marks in a way that would cause confusion and to cooperate if actual consumer confusion occurred. This type of agreement is a common way to settle trademark disputes, allowing both businesses to operate without infringing on each other's rights.
Prospective Better Blend franchisees should be aware of these trademark considerations. While the Coexistence Agreement mitigates some of the risk, it's essential to understand that Better Blend's trademark rights may not be absolute, especially in areas where "BLEND NUTRITION" or similar marks are already in use. Franchisees should consult with Better Blend about any potential trademark issues in their specific geographic area and ensure they understand the terms of the Coexistence Agreement.