Who owns the registered trademarks for Bigfoot Forestry?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
e right to do so in the future.
ITEM 13 TRADEMARKS
Our affiliate Atlantic Soul Capital Ventures, LLC ("ASCV") owns the following trademarks registered on the Principal Register of the United States Patent and Trademark Office:
| | REGISTERED MARKS | | | | | |---|---|---|---|---|---| | | Mark | | Registration Number | | Registration Date | | BIGFOOT FORESTRY | | 7149001 7149079 | | August 29, 2023 August 29, 2023 | | All required affidavits have been filed and we intend to file all renewals by the required renewal date.
We may change the trademarks you may use from time to time, including by discontinuing use of the Marks listed in Item 13. If this happens, you must change to the new trademark at your expense.
You must notify us immediately if you discover an infringing use (or challenge to your use) of the Marks. We will take the action we deem appropriate. We are not required to take any action if we do not feel it is warranted. You may not control any proceeding or litigation involving our Marks.
The Franchise Agreement does not require that we: (a) protect your right to use the Marks; (b) protect you against claims of infringement or unfair competition arising out of your use of the Marks; or (c) participate in your defense or indemnify you for expenses or damages you incur if you are a party to an administrative or judicial proceeding involving our Marks or if the proceeding is resolved in a manner unfavorable to you.
There are currently no: (a) effective material determinations of the Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of this state or any court; (b) pending infringements, oppositions or cancellations; (c) pending material litigation matters involving any of the Marks; or (d) infringing uses we are aware of that could materially affect your use of the Marks.
On June 14, 2024, we entered into an Intellectual Property License Agreement with ASCV (the "License Agreement"). Under the terms of the License Agreement, ASCV granted us the right to use the Marks in the Bigfoot Forestry System and sublicense the Marks to our franchisees. The term of the License Agreement automatically renews annually, unless it is terminated in accordance with its terms. ASCV is permitted to terminate the License Agreement only if we: (a) declare bankruptcy or become insolvent; (b) breach ASCV's quality control standards and fail to cure the breach within a 60-day cure period; or (c) consent to the termination.
Source: Item 13 — TRADEMARKS (FDD page 31)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, the registered trademarks are owned by Atlantic Soul Capital Ventures, LLC ("ASCV"), which is an affiliate of Bigfoot Forestry. These trademarks are registered on the Principal Register of the United States Patent and Trademark Office. Bigfoot Forestry has an Intellectual Property License Agreement with ASCV, granting Bigfoot Forestry the right to use the trademarks within the Bigfoot Forestry system and to sublicense these marks to its franchisees. This agreement automatically renews annually unless terminated under specific conditions.
This licensing agreement is crucial for prospective franchisees because it ensures that Bigfoot Forestry has the legal right to allow franchisees to use the brand's trademarks. The agreement outlines specific conditions under which ASCV can terminate the license, such as bankruptcy or failure to meet quality control standards. However, even if the license agreement between Bigfoot Forestry and ASCV is terminated, the sublicense granted to franchisees will remain in effect until the franchise agreement expires or is terminated.
Bigfoot Forestry also states that they may change the trademarks franchisees are allowed to use, and the franchisee would be responsible for the expense of changing to the new trademark. Franchisees must notify Bigfoot Forestry immediately if they discover any infringing use (or challenges to their use) of the marks, but Bigfoot Forestry is not required to take any action. The Franchise Agreement does not require Bigfoot Forestry to protect the franchisee’s right to use the marks, protect them against claims of infringement, or participate in their defense if they are involved in a proceeding involving the marks.
Currently, there are no material determinations from the Patent and Trademark Office, pending infringements, oppositions, cancellations, or material litigation matters involving any of the marks that could materially affect a franchisee's use of the marks. This indicates that the trademarks are in good legal standing at the time of the FDD's publication. However, prospective franchisees should be aware of the potential risks associated with trademark use and the limitations of Bigfoot Forestry's obligations to protect their use of the marks.