When was a suspension notice sent to Better Blend Nutrition, LLC regarding the trademark?
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.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, a suspension notice was sent to Better Blend Nutrition, LLC on August 29, 2022. The trademark examining attorney suspended the registration of the trademark due to a potential likelihood of confusion with an existing registered mark, specifically U.S. Registration No. 6443280 for "BLEND NUTRITION".
Better Blend's affiliate responded to the suspension inquiry in May 2023 after entering into a Coexistence Agreement with the owner of the BLEND NUTRITION mark. This agreement suggests that Better Blend took steps to resolve the trademark concerns and continue the registration process.
This situation highlights the importance of trademark due diligence in franchising. While Better Blend has taken steps to address the suspension notice, prospective franchisees should be aware of the potential risks associated with using a trademark that has faced challenges. It is advisable to inquire about the current status of the trademark registration and any potential impact on the franchisee's ability to use the Better Blend brand.