Are there any material determinations by the USPTO regarding Bombs Away's trademarks?

According to Bombs Away's 2024 Franchise Disclosure Document, there are no currently effective material determinations by the United States Patent and Trademark Office (USPTO), the Trademark Trial and Appeal Board, or any state trademark administrator or court regarding its trademarks. Additionally, there are no pending infringement, opposition, or cancellation proceedings related to Bombs Away's trademarks. This indicates that Bombs Away's trademarks are not currently subject to any significant challenges or disputes that could affect a franchisee's ability to use them. Bombs Away also states that there is no pending material federal or state court litigation regarding their use or ownership rights in a trademark.

Bombs Away also confirms that there are no currently effective agreements that significantly limit their rights to use or license the use of their trademarks in a manner material to the franchise. This suggests that Bombs Away has full control over its trademarks and can license them to franchisees without significant restrictions. Bombs Away states that they protect the franchisee's right to use the principal trademarks and will defend and indemnify the franchisee against claims of infringement or unfair competition arising out of the franchisee's use of the trademarks, provided the trademarks are used in accordance with the franchise agreement.

Bombs Away does not know of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks. However, Bombs Away retains the right to require a franchisee to modify or discontinue using a trademark, at the franchisee's expense. While Bombs Away intends to protect its trademarks, franchisees should be aware of the possibility that they may need to change their branding at their own cost if required by Bombs Away.