In which local trade areas might other brands have superior rights over Better Blend?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
being milk substitutes; water beverages."
We are also aware of the following food-service businesses: (1) "Blend" or "Blend. Nutrition" in Weymouth, Massachusetts, (2) "Blend Nutrition" in Carson City, Nevada, (3) "Blend Nutrition & Energy" in Round Rock, Texas, and (4) "Blend Smoothie and Salad Bar" with six locations in New York state. These brands may have superior rights in their local trade areas. There may be other uses of marks similar to our trademarks that may affect your use of our trademarks. We cannot represent that we have exclusive or superior rights to our mark in all geographical areas.
Item 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
Patents
We do not own rights in, or licenses to, patents that are material to the franchise. We do not have any pending patent applications.
Copyrights
All of our original works of authorship fixed in a tangible medium of expression are automatically protected under the U.S. Copyright Act, whether or not we have obtained registrations. This includes our Brand Standards Manual as well as all other sales, training, management and other materials that we have created or will create.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, several businesses may have superior trademark rights in their local trade areas. Specifically, "Blend" or "Blend. Nutrition" in Weymouth, Massachusetts, "Blend Nutrition" in Carson City, Nevada, "Blend Nutrition & Energy" in Round Rock, Texas, and "Blend Smoothie and Salad Bar" with six locations in New York state are identified as potentially holding superior rights. This means that Better Blend might face limitations or challenges when operating in these specific geographic areas due to pre-existing trademark usage.
Better Blend is also aware of a prior trademark, "BETTR," registered with the U.S. States Patent and Trademark Office, which may be considered similar in appearance, sound, and commercial impression. This trademark covers a range of beverages, including fruit beverages, vegetable juices, smoothies, and sports beverages. The existence of this trademark could further restrict Better Blend's ability to market its products under its current name in areas where "BETTR" has established prior rights.
It's important to note that Better Blend cannot guarantee exclusive or superior rights to its mark in all geographical areas. As a prospective franchisee, this means you should conduct thorough due diligence to assess the competitive landscape and potential trademark conflicts in your desired location. Understanding these potential limitations is crucial for making an informed investment decision and avoiding future legal disputes over trademark usage. Better Blend does have a Coexistence Agreement with J&S Vision Marketing, Inc. for the use of the mark "BLEND NUTRITION", so it is possible to come to an agreement regarding trademark usage.