Has Black Bear Diner filed all required affidavits and renewals in connection with the Marks?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
There are currently no effective material determinations of the United States Patent and Trademark Office ("PTO"), the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, and no pending infringement, opposition or cancellation proceedings, or pending material litigation, involving the principal Marks. There are no infringing uses known to us that could materially affect your use of the Marks. We have filed all required affidavits and renewals in connection with the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, Black Bear Diner states that they have filed all required affidavits and renewals in connection with their marks. Additionally, there are no effective material determinations of the United States Patent and Trademark Office (PTO), the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, and no pending infringement, opposition or cancellation proceedings, or pending material litigation, involving the principal Marks. Black Bear Diner also states that there are no infringing uses known to them that could materially affect a franchisee's use of the marks.
As a Black Bear Diner franchisee, it is important to be aware of the trademarks and service marks that you are authorized to use. You must use the Marks as the sole trade identification of your Franchised Restaurant. You may not use any Mark or part of any Mark as part of any corporate or trade name, in any modified form, nor may you use any Mark in connection with the sale of any unauthorized product or service, or in any other manner which Black Bear Diner does not authorize in writing. You must give notices of trademark and service mark registrations as specified by Black Bear Diner and obtain such fictitious or assumed name registrations as may be required under applicable law.
Furthermore, you may not establish a website on the Internet using any domain name containing the words "Black Bear Diner" or any variation thereof without written consent from Black Bear Diner. They retain the sole right to advertise on the Internet and create websites using the "Black Bear Diner" domain name. Franchisees must immediately notify Black Bear Diner of any apparent infringement of or challenge to your use of any Mark, or claim by any person of any rights in any Marks. Black Bear Diner has the right to control exclusively any settlement, litigation or PTO or other proceeding arising out of any alleged infringement, challenge or claim or otherwise concerning any Mark.