Who originally registered the trademarks and service marks for Browns Chicken?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
The following trademarks ("T.M.") and service marks ("S.M.") were originally registered by Brown's predecessor, BCP, with the United States Patent and Trademark Office ("USPTO") on the Principal Register. As noted in Item 1, Brown acquired all the trademarks owned by BCP in October of 2010. The assignments of all of the following trademarks have been filed with the USPTO on February 8, 2011.
| Mark | Registration Numbers | Registration Date |
|---|---|---|
| CHICKEN DESIGN (S.M.) | 1,014,269 | 06/24/75 |
| "BROWN'S" (T.M.) | 1,027,461 | 12/16/75 |
| CHICKEN DESIGN (S.M.) | 1,027,585 | 12/16/75 |
| CHICKEN DESIGN (T.M.) | 1,027,460 | 12/16/75 |
| "BROWN'S" (S.M.) | 1,060,138 | 02/22/77 |
| "BROWN'S" (S.M.) | 1,066,903 | 05/31/77 |
| "BROWN'S" (S.M.) | 1,377,729 | 01/07/86 |
| "IT TASTES BETTER" (Tagline) | 2,389,063 | 09/26/00 |
| "IT TASTES BETTER" (Tagline) | 2,384,554 | 09/12/00 |
| "BEEF SAUSAGE DOGS MADE THE | 3,128,757 | 8/15/06 |
| CHICAGO WAY" |
Source: Item 13 — TRADEMARKS (FDD pages 33–34)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, the trademarks and service marks were originally registered by Brown's predecessor, BCP, with the United States Patent and Trademark Office (USPTO) on the Principal Register. Browns Chicken acquired all the trademarks owned by BCP in October 2010, and the assignments of these trademarks were filed with the USPTO on February 8, 2011. This means that while Browns Chicken currently owns the trademarks, they were initially established and registered by a separate entity, BCP.
Several trademarks and service marks are listed in the FDD, along with their registration numbers and dates. Examples include the CHICKEN DESIGN (S.M.) with registration number 1,014,269 registered on June 24, 1975, and "BROWN'S" (T.M.) with registration number 1,027,461 registered on December 16, 1975. There are multiple registrations for both the CHICKEN DESIGN and the "BROWN'S" mark, indicating ongoing efforts to protect the brand's identity. The tagline "IT TASTES BETTER" also has two registrations, numbers 2,389,063 and 2,384,554, both registered in September 2000.
Browns Chicken is responsible for maintaining these trademarks, including filing necessary affidavits of use. The FDD also specifies that a franchisee must use the marks in full compliance with Browns Chicken's rules and cannot use them in unauthorized ways, such as part of a corporate name or in connection with unauthorized products or services. Browns Chicken retains ownership of all the marks, and the franchisee's right to use them comes solely from the Franchise Agreement. This ensures that Browns Chicken maintains control over its brand identity and reputation.
While Browns Chicken is not required to defend a franchisee against infringement claims, they are obligated to indemnify the franchisee for damages they are held liable for in any proceeding arising out of the franchisee's compliant use of any Mark, and for all costs reasonably incurred in the defense of any such claim or proceeding in which the franchisee is named as a party, provided that Browns Chicken has been notified of any such claim or proceeding in compliance with the Franchise Agreement.