What was the reason for the suspension of the Better Blend trademark registration?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, the trademark registration was suspended due to a potential likelihood of confusion with an existing registered mark. Specifically, the U.S. Registration No. 6443280, which is for "BLEND NUTRITION", was cited as the reason for the suspension. This means the United States Patent and Trademark Office (USPTO) initially believed that the Better Blend trademark was too similar to the already registered BLEND NUTRITION mark, which could cause confusion among consumers.
Better Blend Nutrition, LLC responded to the suspension inquiry in May 2023 after entering into a Coexistence Agreement with the owner of the BLEND NUTRITION mark. A Coexistence Agreement is a legal agreement between two trademark owners that allows both parties to use their respective marks, typically under specific conditions that minimize the likelihood of consumer confusion. This suggests that Better Blend took steps to resolve the trademark issue by negotiating an agreement with the other trademark owner.
It is important to note that Better Blend does not currently have a federal registration for its principal trademark. This means that the trademark lacks many of the legal benefits and rights associated with a federally registered trademark. As a result, if Better Blend's right to use the trademark is challenged, franchisees may be required to switch to an alternative trademark, which could lead to increased expenses. Prospective franchisees should be aware of this risk and consider it when evaluating the Better Blend franchise opportunity.