Before starting a Burros Fries business, what research should a franchisee conduct to avoid trademark issues?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
There are no infringing uses actually known to us as of the Issuance Date of this Disclosure Document. You should understand that there could be other businesses using trademarks, trade names or other symbols similar to our Marks with superior rights to our rights. Before starting your business, you should research this possibility, using telephone directories, trade directories, Internet directories, or otherwise in order to avoid the possibility of having to change your Business name.
Source: Item 13 — TRADEMARKS (FDD pages 40–42)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, a prospective franchisee should research the possibility of other businesses using similar trademarks, trade names, or other symbols that could have superior rights to Burros Fries' rights. This research is recommended to avoid potential issues that could force a franchisee to change their business name later on.
To conduct this research, the FDD suggests using resources such as telephone directories, trade directories, and Internet directories. This due diligence is crucial because Burros Fries acknowledges that there could be existing businesses with similar trademarks that have precedence.
It is important to note that Burros Fries does not guarantee that there will be no opposition proceedings to their attempts to register the mark and design. If Burros Fries' right to use any of its marks is challenged, a franchisee may have to change to an alternative trademark, which may increase their expenses. Therefore, conducting thorough research before starting the business is a practical step to mitigate potential trademark-related challenges and associated costs.