Who owns the trademarks described in Item 13 for Better Blend?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
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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.
Protection of Rights
We protect your right to use the principal trademarks listed in this Item, and we protect you against claims of infringement or unfair competition arising out of your use of the trademarks, to the extent described in this section.
The franchise agreement obligates you to notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to a trademark licensed to you. The franchise agreement does not require us to take affirmative action when notified of these uses or claims. We have the right to control any administrative proceedings or litigation involving a trademark licensed by us to you.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, the trademarks described in Item 13 are owned by Better Blend Nutrition, LLC, which is an affiliate of Better Blend. Better Blend has been granted the exclusive right to sublicense these trademarks to franchisees throughout the United States through an Intercompany License Agreement with Better Blend Nutrition, LLC. This agreement has no expiration date and can only be modified by mutual consent of both parties. Termination of the agreement by Better Blend Nutrition, LLC is possible only if Better Blend misuses the trademarks and fails to correct the misuse, or if Better Blend discontinues commercial use of the trademarks for more than one year. Importantly, the agreement specifies that termination will not affect the franchisee's rights.
Better Blend does not have a federal registration for its principal trademark. As a result, the trademark lacks many of the legal benefits and rights associated with federally registered trademarks. The FDD indicates that an application for registration on the Principal Register of the United States Patent and Trademark Office has been filed.
Better Blend is aware of a prior trademark, "BETTR", registered with the U.S. States Patent and Trademark Office, which may be considered similar. Better Blend is also aware of several food-service businesses using the name "Blend" or similar variations in different states. These businesses may have superior rights in their local trade areas. Better Blend cannot guarantee exclusive or superior rights to its mark in all geographical areas.