What are the principal trademarks that Carbones Pizzeria will grant me the right to operate a Restaurant under?
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 Carbones Pizzeria's 2025 Franchise Disclosure Document, you will be granted the right to operate a restaurant under the names "Carbone's Pizza" and "Carbone's Pizzeria", which Carbones Pizzeria considers its principal trademarks. The trademark "Carbone's Pizzeria" was registered on the United States Patent and Trademark Office Principal Register on January 26, 2021, Registration Number 88779609. However, "Carbone's Pizza" does not have a federal trademark registration.
Because the "Carbone's Pizza" trademark lacks federal registration, it does not carry the same legal protections as a federally registered trademark. This means that if Carbones Pizzeria's right to use this trademark is challenged, you might be required to switch to a different trademark. This change could lead to increased expenses for you as a franchisee.
It is important to note that there is a pizza restaurant in St. Paul, Minnesota, using the Carbone's name that 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 discretion, and you would be obligated to comply with any such changes, bearing all associated costs. This could impact your branding and marketing efforts, potentially requiring you to adapt to new names or marks at your own expense.