Who owns the principal trademarks that Bombs Away licenses to franchisees?

According to Bombs Away's 2024 Franchise Disclosure Document, the principal trademarks that Bombs Away licenses to its franchisees are owned by "Us," which refers to the franchisor. The trademarks are registered on the Principal Register of the United States Patent and Trademark Office, and all required affidavits have been filed, indicating that Bombs Away has taken the necessary legal steps to protect these trademarks.

Bombs Away protects the franchisee's right to use the principal trademarks and will defend the franchisee (at Bombs Away's expense) against any legal action by a third party alleging infringement if the franchisee uses the trademarks in accordance with the franchise agreement. Bombs Away will also indemnify the franchisee for expenses and damages if the legal action is resolved unfavorably to the franchisee. However, the franchise agreement obligates the franchisee to notify Bombs Away of any identical or confusingly similar trademark uses or claims, though Bombs Away is not required to take affirmative action upon notification. Bombs Away retains the right to control any administrative proceedings or litigation involving the licensed trademarks and may require the franchisee to modify or discontinue using a trademark at the franchisee's expense.

The FDD lists several trademarks, including "Bombs Away!", registered on November 21, 2023, with registration number 7224671, and a renewal date of November 21, 2029. Other trademarks include "Solutions to Close the Loop on Poop" and "They Poop, You Call, We Scoop", both registered on November 21, 2023, with registration numbers 7223862 and 7223863 respectively, and renewal dates of November 21, 2029. Bombs Away states that it does not know of either superior prior rights or infringing uses that could materially affect the franchisee's use of the principal trademarks.