Could other uses of marks similar to Better Blend's trademarks affect a franchisee's use of the trademarks?
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, other uses of similar trademarks could indeed affect a franchisee's use of Better Blend's trademarks. The FDD acknowledges the existence of a prior trademark, "BETTR," registered with the U.S. Patent and Trademark Office, which may be considered similar in appearance, sound, and commercial impression to Better Blend's trademarks. This means that a franchisee's ability to fully utilize Better Blend's trademarks in their local market could be limited if "BETTR" or other similar marks are already in use for related goods or services.
Better Blend is also aware of several food-service businesses operating under names like "Blend" or "Blend Nutrition" in various states, including Massachusetts, Nevada, Texas, and New York. These businesses may have superior rights in their local trade areas, which could further restrict a franchisee's use of Better Blend's trademarks in those regions. The FDD explicitly states that "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."
This lack of exclusive or superior rights in all geographical areas presents a risk for prospective Better Blend franchisees. It highlights the importance of conducting thorough market research to identify any potential conflicts with existing businesses using similar marks. Franchisees should also be prepared for the possibility that they may need to modify their use of Better Blend's trademarks or even discontinue using them altogether if a conflict arises. While Better Blend states they will defend and indemnify franchisees against legal action alleging infringement, the ultimate responsibility for ensuring trademark compliance rests with the franchisee.