Does Carbones Pizzeria have any agreements that significantly limit their right to use or license their principal trademarks?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
There are presently no effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court, or any pending infringement, opposition, or cancellation proceeding or any pending material federal or state court litigation regarding our use or ownership in a trademark. There are no currently effective agreements that significantly limit our right to use or license the use of our principal trademarks in a manner material to the franchise. We do not know of either superior prior rights or infringing uses that could materially affect your use of our principal trademarks. However, there is one pizza restaurant located in St. Paul, Minnesota that uses the Carbone's name but is not a part of our franchise system.
If it becomes advisable at any time in our sole discretion we can modify or discontinue the use of any name or mark and/or require the use of one or more additional or substitute names or
Source: Item 13 — TRADEMARKS (FDD pages 21–22)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, there are currently no effective agreements that significantly limit Carbones Pizzeria's right to use or license its principal trademarks in a manner material to the franchise. Carbones Pizzeria's principal trademarks are "Carbone's Pizza" and "Carbone's Pizzeria".
However, the FDD notes that Carbones Pizzeria does not have a federal trademark registration for "Carbone's Pizza". As such, Carbones Pizzeria states that this trademark does not have as many legal benefits and rights as a federally registered trademark. If the right to use this trademark is challenged, a franchisee may have to change to an alternative trademark, which may increase their expenses.
The FDD also mentions that there is one pizza restaurant located in St. Paul, Minnesota, that uses the Carbone's name but is not part of the Carbones Pizzeria franchise system. Carbones Pizzeria retains the right to modify or discontinue the use of any name or mark at its sole discretion and can require franchisees to use additional or substitute names or marks. The franchisee will bear all costs and expenses associated with such changes or additions.