Who owns the Burros Fries trademark 'BURROS & FRIESEST. 2009 X X'?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Our principal trademarks have been filed with the United States Patent and Trademark Office (referred to as "USPTO"), and became effective as follows: "BURROS & FRIESEST. 2009 X X", was registered on April 30, 2019, bearing the registration number 5738890 owned by Ruiz Fernando, licensed to us and sublicensed to you; the service mark "X X BURROS & FRIES EST. 2009" bearing the registration numbers 7284698 and 7284696 respectively, both registered on January 23, 2024, licensed to us and sublicensed to you; the service mark and logo "BURROS & FRIES X X EST. 2009" was registered on January 23, 2024, bearing the registration number 7284697, licensed to us and sublicensed to you; the service mark "BURROS & FRIES" filed with the Supplemental United States Patent and Trademark Office, registered on July 10, 2012 bearing the registration number 4173239, owned by Ruiz Fernando, licensed to us and sublicensed to you. We also claim common law rights in our trademarks based on our prior use. The trademark "BURROS & FRIES" is pending registration on the Principal Register of the United States Patent and Trademark Office (referred to as "USPTO") bearing the serial number 97718321 dated December 14, 2022, owned by us and sublicensed to you. The service mark "BURROS & FRIES X X B&F EST. 2009" is pending registration on the Principal Register of the United States Patent and Trademark Office (referred to as "USPTO") bearing the serial number 97718323 also dated December 14, 2022, owned by us and sublicensed to you. We do not have a federal registration for some of our trademarks. Therefore, some of our trademarks do not have many of the legal benefits and rights as federally registered trademarks. If our right to use any of our Marks is successfully challenged, you may have to change to an alternative trademark, which may increase your expenses.
Source: Item 13 — TRADEMARKS (FDD pages 40–42)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, the trademark "BURROS & FRIESEST. 2009 X X", registered on April 30, 2019, with registration number 5738890, is owned by Ruiz Fernando. However, Burros Fries has the right to use this trademark because it is licensed to them and sublicensed to the franchisee.
This arrangement means that while Ruiz Fernando legally owns the trademark, Burros Fries franchisees can use it to operate their businesses. It is important to note that the continued use of this trademark by franchisees depends on the licensing agreement between Ruiz Fernando and Burros Fries. If this agreement were to terminate, franchisees might be required to stop using the trademark, which could impact their business operations and require them to incur expenses to change signage and marketing materials.
Prospective franchisees should be aware of this licensing arrangement and understand the potential risks associated with using a trademark owned by a third party. It would be prudent to inquire about the terms and duration of the licensing agreement between Burros Fries and Ruiz Fernando, as well as any potential risks or contingencies that could affect the franchisee's right to use the trademark. This information can help franchisees make informed decisions and prepare for any potential changes to branding or marketing strategies.