Did Browns Chicken obtain a federal trademark registration for 'The Chicago Way'?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
quired to be filed with respect to the above Marks have been filed or will be timely filed.
On November 14, 2000 Brown obtained a registration with the State of Illinois for the service mark "The Chicago Way," registration number 086314. On October 12, 2000, Brown filed a registration application with the USPTO based on its intent to use the design mark "The Chicago Way," serial number 76,147,524. Brown has since abandoned its efforts to obtain federal trademark registration of "The Chicago Way." By not having a federally registered trademark for either "The Chicago Way," we do not have certain presumptive legal rights granted by a registration.
Source: Item 13 — TRADEMARKS (FDD pages 33–34)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, Browns Chicken obtained a state registration for "The Chicago Way" in Illinois but did not obtain a federal trademark registration. Browns Chicken received a registration with the State of Illinois for the service mark "The Chicago Way," registration number 086314 on November 14, 2000. Browns Chicken filed a registration application with the USPTO based on its intent to use the design mark "The Chicago Way," serial number 76,147,524 on October 12, 2000, but has since abandoned its efforts to obtain federal trademark registration of "The Chicago Way."
Browns Chicken not having a federally registered trademark for "The Chicago Way" means that it does not have certain presumptive legal rights granted by a registration. However, the table in Item 13 does list "BEEF SAUSAGE DOGS MADE THE CHICAGO WAY" with the registration number 3,128,757 and a registration date of 8/15/06.
As a Browns Chicken franchisee, you must use the marks only in full compliance with the rules Browns Chicken prescribes from time to time. You may not use any mark (1) as part of any corporate name or with any prefix, suffix, or other modifying terms; (2) in connection with the sale of any unauthorized product or service; (3) as part of the domain name or other electronic address of any website; or (4) in any other manner not explicitly authorized in writing by Browns Chicken. In the event of any apparent infringement of or challenge to your use of any mark or claim by any person of any rights in any mark, you must immediately notify Browns Chicken. Browns Chicken will have sole discretion to take such action as it deems appropriate and the right to control exclusively any litigation or proceeding arising out of any such infringement or claim or otherwise relating to any mark.