If Carbones Pizzeria does not have a federal trademark registration for 'Carbone's Pizza', what are the implications for my franchise?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
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
marks and you must do the same. You will bear all costs and expenses associated with the change or any addition.
Source: Item 13 — TRADEMARKS (FDD pages 21–22)
What This Means (2025 FDD)
According to Carbones Pizzeria's 2025 Franchise Disclosure Document, while the trademark "Carbone's Pizzeria" is federally registered, the trademark "Carbone's Pizza" is not. This means that the "Carbone's Pizza" trademark lacks the legal protections and benefits afforded to federally registered trademarks. As a prospective franchisee, this poses a risk.
The lack of federal registration for the "Carbone's Pizza" trademark means that Carbones Pizzeria's rights to this trademark are less secure. If another party were to challenge Carbones Pizzeria's use of this trademark, franchisees may be required to switch to an alternative trademark. According to the FDD, the franchisee would bear all costs and expenses associated with this change.
The FDD indicates that there is already a pizza restaurant in St. Paul, Minnesota, using the Carbone's name that is not part of the franchise system. While Carbones Pizzeria states they do not know of any superior prior rights or infringing uses that could materially affect a franchisee's use of their principal trademarks, the lack of federal registration for "Carbone's Pizza" increases the potential risk of trademark disputes and the associated costs for franchisees.