Is 'The Original Italian Beef' a trademark registered on the Principal Register or the Supplemental Register for Buona?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
2017 | 5360143 |1 Registration for Italian style roast beef and Italian style sausage and restaurant and catering services.
In addition, our affiliate has a registration on the Supplemental Register of the USPTO for the mark "The Original Italian Beef" which was issued on April 12, 2016, Registration no. 4938814.
Our affiliate will file all required affidavits necessary to maintain these registrations.
The additional Marks that will be used by you if you are purchasing a franchise for a Dual Brand Business are disclosed in Five Flavors' Franchise Disclosure Document.
There is currently no pending material federal or state court litigation regarding our use or ownership rights in any of our Marks. There are no effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, and no pending infringement, opposition, or cancellation proceedings or material litigation involving the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 48–50)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the trademark "The Original Italian Beef" is registered on the Supplemental Register of the USPTO. The registration was issued on April 12, 2016, with Registration number 4938814. This means that while Buona has a registered trademark for this phrase, it is not on the Principal Register, which offers broader legal protections.
The Supplemental Register is typically used for marks that are descriptive or have not yet acquired distinctiveness. Registration on the Supplemental Register can be a stepping stone to registration on the Principal Register if the mark gains recognition over time. However, it provides more limited legal rights compared to a Principal Register listing.
For a prospective Buona franchisee, this distinction is important because the level of trademark protection affects Buona's ability to defend the mark against infringement. While Buona's affiliate will file all required affidavits to maintain the registration, the scope of protection for "The Original Italian Beef" is narrower than if it were on the Principal Register. This could potentially impact the franchisee's ability to exclusively use the mark in their territory, although Buona states that there are no pending material federal or state court litigation regarding their use or ownership rights in any of their Marks.