Does Care Plus Medical Ucc have a federal registration for its principal trademark?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
DEMARKS**
Principal Trademark
The following is the principal trademark that we license to you. This trademark is owned by us. We do not have a federal registration for our principal trademark. Therefore, our trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use the trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses. An application for registration on the Principal Register of the United States Patent and Trademark Office has been filed.
| Trademark | Application Date | Identification Number |
|---|---|---|
| 3/10/2023 | 97833019 | |
| Care Plus Medical UCC | 3/10/2023 | 97833013 |
Determinations
There are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. There are no pending infringement, opposition, or cancellation proceedings.
Litigation
There is no pending material federal or state court litigation regarding our use or ownership rights in a trademark.
Agreements
There are no currently effective agreements that significantly limit our rights to use or license the use of trademarks listed above in a manner material to the franchise.
Protection of Rights
We protect your right to use the principal trademarks listed in this Item, and we protect you against claims of infringement or unfair competition arising out of your use of the trademarks, to the extent described in this section.
Source: Item 13 — TRADEMARKS (FDD pages 30–31)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, the company does not have a federal registration for its principal trademark. While Care Plus Medical Ucc states that an application for registration on the Principal Register of the United States Patent and Trademark Office has been filed, the trademark does not currently have the legal benefits and rights of a federally registered trademark. The application date for the Care Plus Medical UCC trademark is listed as March 10, 2023, with an identification number of 97833013.
This lack of federal registration carries potential risks for franchisees. If Care Plus Medical Ucc's right to use the trademark is challenged, franchisees may be required to switch to an alternative trademark, potentially incurring additional expenses. However, Care Plus Medical Ucc will defend franchisees against legal action by a third party alleging infringement if the trademarks are used in accordance with the franchise agreement. Care Plus Medical Ucc will also indemnify franchisees for expenses and damages if any legal action is resolved unfavorably to them.
Care Plus Medical Ucc retains the right to control any administrative proceedings or litigation involving a trademark licensed to franchisees. The franchise agreement obligates franchisees to notify Care Plus Medical Ucc of any use of, or claims of rights to, a trademark identical or confusingly similar to the licensed trademark. However, Care Plus Medical Ucc is not required to take affirmative action upon notification of such uses or claims. Care Plus Medical Ucc may also require franchisees to modify or discontinue using a trademark at the franchisee's expense.
Care Plus Medical Ucc states that they are unaware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks. Prospective franchisees should be aware of the risks associated with using a trademark that is not federally registered and should carefully consider these factors before investing in a Care Plus Medical Ucc franchise.