Is the 'Carbone's Pizza' trademark federally registered for Carbones Pizzeria?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
We will grant you the right to operate a Restaurant under the names "Carbone's Pizza" and "Carbone's Pizzeria". We consider these to be our principal trademarks.
Our trademark "Carbone's Pizzeria" was registered on the United States Patent and Trademark Office Principal Register on January 26, 2021, Registration Number 88779609. We do not have a federal trademark registration for "Carbone's Pizza". As such, we do not have a federal registration for this principal trademark. Therefore, this trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use this trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
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.
Source: Item 13 — TRADEMARKS (FDD pages 21–22)
What This Means (2025 FDD)
According to the 2025 FDD, Carbones Pizzeria grants franchisees the right to operate a restaurant under the names "Carbone's Pizza" and "Carbone's Pizzeria", which it considers its principal trademarks. However, only the "Carbone's Pizzeria" trademark has federal registration.
The FDD states that the "Carbone's Pizzeria" trademark was registered on January 26, 2021, with Registration Number 88779609. Carbones Pizzeria does not have a federal trademark registration for "Carbone's Pizza". Because of this, the franchisor acknowledges that the "Carbone's Pizza" trademark lacks the legal benefits and rights of a federally registered trademark.
This poses a risk to prospective franchisees. If Carbones Pizzeria's right to use the "Carbone's Pizza" trademark is challenged, franchisees may be required to switch to an alternative trademark. This change could lead to increased expenses for the franchisee. The FDD also mentions that there is one pizza restaurant located in St. Paul, Minnesota that uses the Carbone's name but is not a part of their franchise system.