Has Better Blend filed an application for registration of its trademark?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
m 13 TRADEMARKS**
Principal Trademark
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.
| Trademark | Application Date | Identification Number |
|---|---|---|
| May 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.
Agreements
Better Blend Nutrition, LLC, our affiliate, owns the trademarks described in this Item. Under an Intercompany License Agreement between us and Better Blend Nutrition, LLC, we have been granted the exclusive right to sublicense the trademarks to franchisees throughout the United States. The agreement has no expiration. It may be modified only by mutual consent of the parties. It may be terminated by our affiliate only if (1) we materially misuse the trademarks and fail to correct the misuse, or (2) we discontinue commercial use of the trademarks for a continuous period of more than one year. The Intercompany License Agreement specifies that if it is ever terminated, your franchise rights will remain unaffected.
Better Blend Nutrition, LLC entered into a Settlement and Trademark Coexistence Agreement dated November 13, 2020, with Better Blends, LLC, a Minnesota limited liability company (as amended by an Addendum dated November 17, 2021), in which our affiliate agreed to not use the words "BETTER" and "BLEND" except in conjunction with restaurant services and direct sales of goods to consumers and not through third parties (e.g. a grocery store), and to not use its marks or promote its goods and services in a manner likely to cause confusion.
Better Blend Nutrition, LLC entered into a Coexistence Agreement dated April 18, 2023, with J&S Vision Marketing, Inc. ("J&S"). J&S owns U.S. Trademark Registration No. 6,443,280 for use of the mark "BLEND NUTRITION". The parties agreed that there was no likelihood of confusion between their respective marks. Each party agreed to not use its marks or promote its goods and services in a manner likely to cause confusion, and to cooperate in the event of actual consumer confusion.
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, an affiliate of Better Blend, has filed an application for registration of its principal trademark with the United States Patent and Trademark Office. However, Better Blend does not currently have a federal registration for its principal trademark. The FDD indicates that without federal registration, the trademark lacks many legal benefits and rights typically associated with federally registered trademarks. This poses a risk to potential franchisees. If the right to use the trademark is challenged, franchisees may be required to switch to an alternative trademark, potentially incurring additional expenses.
On August 29, 2022, Better Blend Nutrition, LLC received a suspension notice regarding the trademark registration. The examining attorney cited a likelihood of confusion with an existing registered mark, specifically U.S. Registration No. 6443280 for "BLEND NUTRITION". Better Blend Nutrition, LLC responded to the suspension inquiry in May 2023 after signing a Coexistence Agreement with the owner of the BLEND NUTRITION mark. This agreement suggests that Better Blend has taken steps to address potential conflicts with similar trademarks, but it also highlights the challenges and complexities involved in securing and protecting its trademark.
Better Blend is also aware of a prior trademark registered with the U.S. States Patent and Trademark Office, "BETTR", which may be considered similar. Additionally, the FDD acknowledges the existence 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 its mark in all geographical areas. This means a Better Blend franchisee's ability to fully utilize the trademark could be limited by pre-existing rights in certain locations.
Better Blend has entered into a Settlement and Trademark Coexistence Agreement dated November 13, 2020, with Better Blends, LLC, in which Better Blend agreed to certain restrictions on the use of the words "BETTER" and "BLEND". Furthermore, Better Blend Nutrition, LLC entered into a Coexistence Agreement dated April 18, 2023, with J&S Vision Marketing, Inc. regarding the use of the mark "BLEND NUTRITION". These agreements aim to avoid confusion between the respective marks and require cooperation in the event of actual consumer confusion. These agreements suggest that Better Blend is actively managing potential trademark conflicts, but franchisees should be aware of the limitations and obligations imposed by these agreements.