Are there any other currently effective material determinations regarding the Better Blend trademark?

According to Better Blend's 2024 Franchise Disclosure Document, 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 regarding the Better Blend trademark. Additionally, there are no pending infringement, opposition, or cancellation proceedings. This suggests that, apart from the mentioned suspension notice and coexistence agreements, Better Blend is not currently facing any legal challenges or determinations that could materially affect the trademark. However, Better Blend is aware of a prior trademark, "BETTR", that may be considered similar. They are also aware of several food-service businesses using the name "Blend" in their names.

The FDD also indicates that Better Blend Nutrition, LLC, an affiliate, owns the trademarks and has granted Better Blend the exclusive right to sublicense these trademarks to franchisees through an Intercompany License Agreement. This agreement remains in effect indefinitely unless Better Blend misuses the trademarks and fails to correct the misuse, or if Better Blend discontinues commercial use of the trademarks for over a year. Termination of this agreement by the affiliate will not affect a franchisee's rights.

Better Blend has entered into coexistence agreements with other entities using similar marks, such as Better Blends, LLC, and J&S Vision Marketing, Inc. These agreements aim to prevent consumer confusion and outline how the parties will cooperate if confusion arises. Better Blend does not have a federal registration for their principal trademark, which means that the trademark does not have as many legal benefits and rights as a federally registered trademark. If Better Blend's right to use the trademark is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses.

Better Blend is obligated to protect a franchisee's right to use the licensed trademarks and defend against infringement claims arising from their use, provided the franchisee notifies Better Blend of any similar trademark uses or claims. Better Blend has the right to control any legal proceedings involving the trademark. Franchisees may be required to modify or discontinue using a trademark at their own expense, with a reasonable compliance period of up to 90 days.

Prospective franchisees should be aware that Better Blend cannot guarantee exclusive or superior rights to their trademark in all geographical areas due to the existence of similar marks and businesses. It is important for potential franchisees to understand the implications of these prior rights and coexistence agreements, as they could impact their ability to use the Better Blend trademark in certain locations or manners. Further due diligence is advised to assess the potential risks associated with trademark usage in their specific market area.