What is the trademark similar to Better Blend's that is registered with the U.S. States Patent and Trademark Office?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
We are aware of a prior trademark registered with U.S. States Patent and Trademark Office which may be considered similar in appearance, sound, and commercial impression: "BETTR" which is in the category of "Fruit beverages; fruit-based beverages; fruit-flavored beverages; vegetable juices; vegetable-based juices; non-alcoholic beverages containing fruit juices; nonalcoholic beverages, namely, carbonated beverages; non-alcoholic malt beverages; proteinenriched sports beverages; smoothies; soy-based beverages not 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.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, there is a prior trademark registered with the U.S. Patent and Trademark Office that may be considered similar in appearance, sound, and commercial impression to Better Blend's trademark. This trademark is "BETTR", and it is used in connection with goods such as fruit beverages, vegetable juices, smoothies, and non-alcoholic beverages.
Better Blend is also aware of other food-service businesses using similar names like "Blend" or "Blend. Nutrition" in Massachusetts and Nevada, "Blend Nutrition & Energy" in Texas, and "Blend Smoothie and Salad Bar" in New York. These businesses may have superior rights in their local trade areas. Better Blend acknowledges that they cannot guarantee exclusive or superior rights to their mark in all geographical areas.
It is important for a prospective franchisee to understand that Better Blend does not have a federal registration for their principal trademark. This means that Better Blend's trademark lacks many legal benefits and rights that a federally registered trademark would provide. If the right to use the Better Blend trademark is challenged, a franchisee may have to change to an alternative trademark, which could increase their expenses. A Better Blend franchisee should be aware of the potential risks and costs associated with trademark disputes and the possibility of needing to rebrand their business.