What service mark registration did Browns Chicken obtain with the State of Illinois?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
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 the 2025 Browns Chicken Franchise Disclosure Document, Browns Chicken obtained a service mark registration with the State of Illinois for "The Chicago Way" on November 14, 2000, with the registration number 086314. Browns Chicken also applied for a federal trademark registration with the USPTO for the design mark "The Chicago Way" on October 12, 2000; however, Browns Chicken later abandoned this effort.
This means that Browns Chicken franchisees can operate under the protection of the "The Chicago Way" service mark within Illinois, but they do not have federal trademark protection for it. Without federal registration, Browns Chicken lacks certain presumptive legal rights typically granted by a federal trademark, which could make it more challenging to defend the mark against infringement outside of Illinois.
Prospective franchisees should be aware that while Browns Chicken has taken steps to protect its brand, the absence of a federal trademark for "The Chicago Way" could have implications for brand protection and enforcement, especially if the franchisee plans to expand beyond Illinois. It would be prudent for potential franchisees to discuss Browns Chicken's strategy for protecting its trademarks and service marks, particularly "The Chicago Way," and to understand the potential risks and limitations associated with the lack of federal registration.