If Beverly Anns Cookie's right to use any of the unregistered Marks is challenged, what might a franchisee have to do?

According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, some of the brand's trademarks are not federally registered. Specifically, Beverly Anns Cookie claims common law rights in certain trademarks and has pending applications for others. This means that these trademarks do not have the same legal protections as federally registered trademarks.

If Beverly Anns Cookie's right to use any of these unregistered marks is challenged, a franchisee may be required to change to an alternative trademark. This change could lead to increased expenses for the franchisee, as they would need to update signage, marketing materials, and other branded items to reflect the new trademark.

Beverly Anns Cookie does have registrations with the United States Patent and Trademark Office (USPTO) for the marks "BEVERLY ANN’S" and "BEVERLY ANN’S COOKIE TRUCK," both registered on June 17, 2025. However, the FDD also states that if it becomes advisable for Beverly Anns Cookie and/or the franchisee to modify or discontinue using any mark, the franchisee must comply with Beverly Ann's Cookie's directions. The franchisee will not be reimbursed for expenses of changing signage, loss of revenue, or other indirect expenses due to any modified or discontinued mark, or for expenses of promoting a modified or substituted trademark or service mark.