Is Brueggers Bagels aware of any pending infringement, opposition, or cancellation proceedings involving the principal Marks?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state, nor any court, has made any adverse determination or ruling involving the principal Marks, nor are we aware of any pending infringement, opposition, or cancellation proceedings or material litigation involving the principal Marks. We are not aware of any infringing uses that could materially affect your use of the Proprietary Marks. Other than BEI's ownership rights described above, we are not aware of any superior rights that could affect your use of the Proprietary Marks.
You must notify us of any unauthorized use of the Proprietary Marks. You must also notify us of any challenge to the validity of, or the right to use, any of the Proprietary Marks. We and BEI have the right to control any administrative proceeding or litigation that involves the Proprietary Marks. This right includes the right to settle any of those disputes. We and BEI may, but are not required to, try to stop other people from using the Proprietary Marks.
We will defend you against any infringement claims that arise from your proper use of the Proprietary Marks or the Works (as defined in Item 14) at our expense, including the cost of any judgment or settlement, if your use of the Proprietary Marks and the Works complied with the Franchise Agreement, but at your expense if your use of the Proprietary Marks and the Works
Source: Item 13 — TRADEMARKS (FDD pages 45–47)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, neither the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state, nor any court has made any adverse determination or ruling involving the principal Marks. Furthermore, Brueggers Bagels states that they are not aware of any pending infringement, opposition, or cancellation proceedings or material litigation involving the principal Marks. Brueggers Bagels also states that they are not aware of any infringing uses that could materially affect a franchisee's use of the Proprietary Marks. Other than BEI's ownership rights, Brueggers Bagels is not aware of any superior rights that could affect a franchisee's use of the Proprietary Marks.
This statement provides some assurance to a prospective Brueggers Bagels franchisee that the trademarks they will be using are not currently subject to any legal challenges. It also indicates that Brueggers Bagels is not aware of any existing infringements that could negatively impact the franchisee's ability to use the marks. However, it is important to note that this statement is based on Brueggers Bagels's current knowledge and awareness, and there is always a possibility that unforeseen issues could arise in the future.
Brueggers Bagels requires franchisees to notify them of any unauthorized use of the Proprietary Marks, as well as any challenges to the validity or right to use the marks. Brueggers Bagels and BEI retain the right to control any administrative proceeding or litigation involving the Proprietary Marks, including the right to settle disputes. While Brueggers Bagels and BEI may attempt to prevent others from using the Proprietary Marks, they are not obligated to do so. Brueggers Bagels will defend franchisees against infringement claims arising from their proper use of the Proprietary Marks, provided that the franchisee's use complies with the Franchise Agreement. However, the franchisee will be responsible for expenses if the infringement claim results from their improper use of the marks or violation of the Franchise Agreement.