Does Burneys Sweets More have a federal registration on the Principal Register for all of its principal trademarks?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not have a federal registration on the Principal Register for one of our principal trademarks. Therefore, this trademark does not have as many legal benefits and rights as a trademark that is federally registered on the Principal Register. If our right to use this trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
Presently, there are no agreements in effect that significantly limit our rights to use or license the use of the Marks in a manner material to the franchise. All uses of the Marks of which we are aware occur with our permission. We know of no infringing use of the Marks that could materially affect your use of them.
All necessary affidavits of use and renewal applications have been timely filed. We intend to file all necessary affidavits of use and renewal applications when they become due. None of the registrations is due for renewal. There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, or the Trademark Administrator of any state or any court; nor are there any pending infringement, opposition, or cancellation proceedings or material litigation, involving the above Marks.
A federal or state trademark or service mark registration does not necessarily protect the use of the concerned mark against a prior user in a given relevant market area. Prior to entering into the Franchise Agreement, you should check and be sure that there are no existing uses of our marks or names or any marks or names confusingly similar to any of them within the market area where you want to do business. If you find any similar names or marks, you must immediately notify us. Any action to be taken in that event is strictly within our discretion. We are not aware of any infringing uses or superior uses that could materially affect your use of the Marks.
Your right to use the Marks is derived solely from Franchise Agreements entered into between you and us for the purpose of operating a BURNEY'S SWEETS & MORE business. You must follow our rules and regulations with respect to the use of the Marks. You may not use any Mark in connection with any business or activity, other than the business conducted by you pursuant to franchise agreements entered into between you and us, or in any other manner not explicitly authorized in writing by us. You cannot use any of the Marks or any other marks, names, or indicia of origin that are or may be confusingly similar to the Marks as part of a corporate name or other legal name. All usage of the Marks by you and any goodwill established from this usage is to our exclusive benefit.
Source: Item 13 — TRADEMARKS (FDD pages 35–37)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, Burneys Sweets More does not have a federal registration on the Principal Register for all of its principal trademarks. This means that at least one of their trademarks lacks the full legal benefits and rights associated with federal registration on the Principal Register. If the right to use this unregistered trademark is challenged, franchisees may be required to switch to an alternative trademark, potentially increasing their expenses. This could involve costs for new signage, marketing materials, and other rebranding efforts. Prospective franchisees should consider this risk and factor in potential costs associated with a trademark change.
Burneys Sweets More states that there are currently no agreements that significantly limit their rights to use or license the Marks in a manner material to the franchise, and all known uses of the Marks occur with their permission. They are also unaware of any infringing use of the Marks that could materially affect a franchisee's use of them. Burneys Sweets More intends to file all necessary affidavits of use and renewal applications when they become due and confirms that none of the registrations are currently due for renewal.
The FDD lists several trademarks and service marks, including "BURNEY'S SWEETS & MORE", that have been registered or filed with the USPTO. Registration No. 5528555 on the Principal Register has a registration date of July 31, 2018. Other registrations on the Principal Register include Registration No: 7432143 with a registration date of July 2, 2024, and Registration No: 7400682 with a registration date of May 28, 2024. Registration No: 7361933 on the Supplemental Register has a registration date of April 16, 2024. The presence of a trademark on the Supplemental Register indicates it may not have acquired the distinctiveness required for the Principal Register, offering less legal protection.
Prior to signing a Franchise Agreement, Burneys Sweets More advises potential franchisees to check for existing uses of their marks or confusingly similar marks in their desired market area. Any similar marks or names should be immediately reported to Burneys Sweets More, and any action taken will be at their discretion. Franchisees are required to notify Burneys Sweets More of any unauthorized use of the Marks, challenges to their validity, or claims of infringement. Burneys Sweets More has the right to control any litigation involving the Marks and may take action against infringements, but they are not obligated to defend franchisees against infringement claims, although they will indemnify franchisees for damages resulting from compliant use of the Marks.