Does Bor Restoration have federal registration for all of its trademarks?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
hrough the United States Patent and Trademark Office (USPTO):
| Registration Number | Description of Mark | Register of the USPTO | Registration Date |
|---|---|---|---|
| 5,354,635 | B. B. RESTORATION | Principal | December 12, 2017 |
All affidavits will be filed when required.
Our BOR IP Affiliate filed the below word mark for registration with the USPTO. This has been published for opposition, which is the final step prior to registration.
| Serial Number | Description of Mark | Register of the USPTO | Application Date | |
|---|---|---|---|---|
| 97887350 | BEST OPTION RESTORATION | Principal | April 13, 2023 | Mr. Zamucen also claims common law rights to the following Marks: |
We do not have registration for the above trademarks. Therefore, our trademarks do not have many legal benefits and rights as a federally registered trademark. If our right to use the trademarks is challenged, you may have to change to an alternative trademark, which may increase your expenses.
We have licenses with Mr. Zamucen and our BOR IP Affiliate to sublicense the Marks in connection with offering the franchise opportunity identified in this disclosure document. We must maintain the goodwill of the Mark by monitoring your use of the Marks.
There are presently no effective material determinations of, and there is no pending material litigation involving the USPTO, any trademark administrator of any state or federal court, trial, and appeal board, or of any federal or state court concerning a claim of interference, infringement, opposition, or cancellation involving any of the Marks. There is no pending federal or state court litigation regarding our use or ownership rights in any Marks that are material to the franchise. There are no infringing uses or previous superior rights known to us that can materially affect your use of the Mark in this state or any other state where your Business is to be located.
Except for the license, there are no currently effective agreements that significantly limit our rights to use or license the use of the Marks listed in this section in any manner material to the franchise.
Mr.
Source: Item 13 — Trademarks (FDD pages 30–31)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, not all trademarks are federally registered. While Nick Zamucen, a member, has registration for the "B. B. RESTORATION" mark (Registration Number 5,354,635, registered December 12, 2017), Bor IP Affiliate has filed a word mark with the USPTO that is awaiting the final step before registration. Mr. Zamucen also claims common law rights to additional marks for which Bor Restoration does not have registration. The trademark for "BEST OPTION RESTORATION" has a serial number of 97887350 with an application date of April 13, 2023.
The lack of federal registration for all trademarks means that Bor Restoration's trademarks may not have as many legal protections as federally registered trademarks. The FDD states that if the right to use the trademarks is challenged, franchisees may have to change to an alternative trademark, potentially increasing expenses.
Bor Restoration does have the right to control administrative proceedings or litigation involving a licensed mark. Franchisees must promptly notify Bor Restoration of any claims against them for alleged infringement or unfair competition, and Bor Restoration will take action to defend them. Bor Restoration will indemnify franchisees against third-party actions based on alleged infringement or unfair competition, unless the claim relates to the franchisee's violation of the Franchise Agreement. Bor Restoration can also require franchisees to modify or discontinue the use of any marks, providing advance notice of such changes. Franchisees must also notify Bor Restoration if they learn of any unauthorized third-party use of the marks, allowing Bor Restoration to determine whether to take action against the infringer.