What presumptive rights does the C12 Group have due to its pending service marks with the USPTO?
C12_Group Franchise · 2025 FDDAnswer from 2025 FDD Document
| FORUM | | | | All required affidavits and renewals have been filed.
The C12 Group ® service marks listed below are pending registration with the USPTO, as Principal Register federal registrations, thereby granting C12 certain presumptive rights.
| TRADEMARK | SERIAL NUMBER | DATE OF APPLICATION | REGISTER | |---|---|---|---| | Buffalo Culture | 98,180,822 | September 14, 2023 | Principal | | | 98,180,817 | September 14, 2023 | Principal | We do not have a federal registration for the two pending trademarks in the preceding table. Therefore, our trademarks do not have many legal benefits and rights as a federally registered trademark. If our right to use the trademarks is challenged, you may have to change to alternative trademarks, which may increase your expenses.
Source: Item 13 — TRADEMARKS (FDD pages 32–34)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, C12 Group has certain presumptive rights due to its service marks being pending registration with the USPTO as Principal Register federal registrations. However, the document also states that C12 Group does not have a federal registration for the two pending trademarks. As a result, the trademarks do not have as many legal benefits and rights as a federally registered trademark.
This means that while C12 Group can claim rights based on the pending status, these rights are not as strong or definitive as those conferred by a completed federal registration. A prospective franchisee should understand that the protection afforded to these trademarks is still in process and subject to potential challenges.
Furthermore, the FDD indicates that there are ongoing opposition proceedings regarding the two pending trademarks, although the parties are reportedly working toward a settlement. If the right to use the trademarks is challenged, a franchisee may have to change to alternative trademarks, which may increase their expenses. This situation introduces a degree of uncertainty and potential cost for franchisees, as they might need to adapt their branding and marketing materials if the trademark registration faces obstacles. A prospective franchisee should inquire about the details of the settlement agreement and the potential impact on their business if the settlement is not reached or if the opposition proceedings are not resolved favorably for C12 Group.