What is the effect of the lack of federal registration for the 'Carbone's Pizza' trademark on the Carbones Pizzeria franchise?
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.
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, the lack of federal trademark registration for "Carbone's Pizza" has specific implications for franchisees. While the trademark "Carbone's Pizzeria" is federally registered, the absence of federal registration for "Carbone's Pizza" means it lacks many of the legal protections and benefits afforded to federally registered trademarks. This creates a potential risk for franchisees.
Specifically, if Carbones Pizzeria's right to use the "Carbone's Pizza" trademark is challenged, franchisees may be required to change to an alternative trademark. This change could lead to increased expenses for the franchisee, as they would need to update signage, marketing materials, and other branded items to reflect the new trademark.
Despite the lack of federal registration for one of the trademarks, Carbones Pizzeria states that there are no current material determinations or pending proceedings regarding their use or ownership of their trademarks. However, they acknowledge that a pizza restaurant in St. Paul, Minnesota uses the Carbone's name but is not part of the franchise system. This highlights the importance of trademark protection and the potential for conflicts when a trademark is not federally registered. In the event that Carbones Pizzeria decides to modify or discontinue the use of any name or mark, franchisees are obligated to comply, bearing all associated costs and expenses.