Does Carbones Pizzeria know of any pending infringement, opposition, or cancellation proceeding regarding their use or ownership in a trademark?
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.
Source: Item 13 — TRADEMARKS (FDD pages 21–22)
What This Means (2025 FDD)
According to the 2025 FDD, Carbones Pizzeria states that there are no current material determinations from the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court regarding their trademark use or ownership. Additionally, there are no pending infringement, opposition, or cancellation proceedings, nor any pending material federal or state court litigation concerning their trademarks.
Carbones Pizzeria also confirms that there are no effective agreements that significantly limit their right to use or license their principal trademarks in a way that would materially affect the franchise. However, the FDD notes that a pizza restaurant in St. Paul, Minnesota, uses the "Carbone's" name but is not part of the Carbones Pizzeria franchise system.
Prospective franchisees should be aware that while Carbones Pizzeria does not know of any superior prior rights or infringing uses that could materially affect a franchisee's use of their principal trademarks, the existence of a similar-named restaurant in St. Paul could potentially lead to confusion or future trademark challenges. It is advisable for potential franchisees to discuss this matter further with Carbones Pizzeria to understand any potential risks and how the company plans to protect its trademarks.