Does Better Blend have a federal registration for its principal trademark?

According to Better Blend's 2024 Franchise Disclosure Document, Better Blend does not have a federal registration for its principal trademark. The trademark is owned by Better Blend's affiliate, Better Blend Nutrition, LLC. The FDD states that because the trademark lacks federal registration, it does not have as many legal benefits and rights as a federally registered trademark. However, Better Blend has filed an application for registration on the Principal Register of the United States Patent and Trademark Office.

This lack of federal registration could pose risks for franchisees. According to the FDD, if Better Blend's right to use the trademark is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses. This means a franchisee might incur unexpected costs to rebrand their location if a trademark dispute arises.

Better Blend is aware of a prior trademark registered with the U.S. States Patent and Trademark Office which may be considered similar: "BETTR" which is in the category of beverages. Better Blend is also aware of other food-service businesses using similar names, such as "Blend" or "Blend. Nutrition" in Massachusetts, "Blend Nutrition" in Nevada, "Blend Nutrition & Energy" in Texas, and "Blend Smoothie and Salad Bar" in New York. These businesses 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.