Are there presently any effective material determinations of the United States Patent and Trademark Office regarding Carbones Pizzeria's 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.
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, there are currently no effective material determinations by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court, regarding Carbones Pizzeria's use or ownership of its trademarks. Additionally, there are no pending infringement, opposition, or cancellation proceedings, nor any pending material federal or state court litigation concerning their trademark use or ownership. There are also no currently effective agreements that significantly limit Carbones Pizzeria's right to use or license its principal trademarks in a way that would materially affect the franchise.
However, the FDD notes that a pizza restaurant located in St. Paul, Minnesota, uses the Carbone's name but is not part of the Carbones Pizzeria franchise system. This could potentially lead to confusion or conflict in that local market.
It is important for a prospective franchisee to understand that Carbones Pizzeria retains the right to modify or discontinue the use of any name or mark at its sole discretion, and franchisees would be required to comply with any such changes, bearing all associated costs and expenses. While Carbones Pizzeria does not know of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks, the existence of a similar business operating under the Carbone's name, even if not affiliated, introduces a degree of risk.