Is the BUNS ON FIRE trademark registered on the Principal Register of the USPTO?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
| Proprietary Marks | Serial Numbers | Date of Filing | Registration Number | Registration Date |
|---|---|---|---|---|
| BUNS ON FIRE | 99265528 | July 2, 2025 | N/A | N/A |
Licensor owns the following Marks that have been registered on the Principal Register of the USPTO:
As of the date of this disclosure document, we are not aware of either superior prior rights or infringing uses that could materially affect your use of the principal trademarks in any state.
We intend to renew the registration and file all appropriate affidavits for the mark at the times required by law.
The Franchise Agreement does not require us to take affirmative action when notified of any infringements of or challenges to the Proprietary Marks. We have the right to control any litigation or administrative proceedings involving the Proprietary Marks. We will indemnify you against and reimburse you for all damages for which you are held liable in any proceeding arising out of your use of any Proprietary Mark according to and in compliance with the applicable agreement, and for all costs you reasonably incur in the defense of any claim in which you are named as a party, if you have timely notified us of the claim, have given us sole control of the defense and settlement of any claim and have otherwise complied with the applicable agreement. If any action taken by us with respect to any claim or proceeding results in any monetary recovery for you which exceeds your costs, then you must pay your own costs and share pro-rata in our costs up to the amount of the monetary recovery.
If it becomes advisable at any time in our sole judgment for you to modify or discontinue the use of any Proprietary Mark and/or for the Franchise Business to use one or more additional or substitute trade or service marks, you must immediately comply with our directions to modify or otherwise discontinue the use of the Proprietary Marks and/or to use one or more additional or substitute trademarks, service marks, logos or commercial symbols or substitute trade dress after our notice to you. Neither we nor our affiliates have any obligation to reimburse you for any expenditure you make in connection with any discontinuance or modification.
Source: Item 13 — TRADEMARKS (FDD pages 35–37)
What This Means (2025 FDD)
According to Buns On Fire's 2025 Franchise Disclosure Document, the BUNS ON FIRE trademark is owned by SMYA Ventures LLC, the Licensor, and is intended to be registered on the Principal Register of the USPTO. As of July 2, 2025, the filing date, the registration number was not yet available (listed as N/A).
Buns On Fire grants franchisees the right to use their proprietary marks for the Franchise Business, but franchisees cannot use these marks as part of their corporate name. The franchisor intends to renew the registration and file all necessary affidavits for the mark as legally required. As of the date of the FDD, Buns On Fire is not aware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks in any state.
Buns On Fire maintains control over any litigation or administrative proceedings involving the Proprietary Marks and will indemnify franchisees against damages they are held liable for in proceedings arising from the use of any Proprietary Mark, provided the franchisee has notified Buns On Fire in a timely manner and given them control over the defense. However, franchisees may be required to modify or discontinue the use of any Proprietary Mark if Buns On Fire deems it necessary, without any obligation for reimbursement of expenses incurred due to such changes.
Prospective franchisees should confirm the registration status of the BUNS ON FIRE trademark with the USPTO to ensure it has been successfully registered since the FDD's issue date. They should also carefully consider the implications of Buns On Fire's right to require modification or discontinuation of trademark use, and the financial responsibilities associated with protecting the trademark.