Is the principal trademark licensed by Care Plus Medical Ucc federally registered?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 13: TRADEMARKS]
Item 13 TRADEMARKS
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.
[Item 13: TRADEMARKS]
| Trademark | Application Date | Identification Number |
|---|---|---|
| 3/10/2023 | 97833019 | |
| Care Plus Medical UCC | 3/10/2023 | 97833013 |
[Item 13: TRADEMARKS]
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.
The franchise agreement obligates you to notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to a trademark licensed to you. The franchise agreement does not require us to take affirmative action when notified of these uses or claims. We have the right to control any administrative proceedings or litigation involving a trademark licensed by us to you.
If you use our trademarks in accordance with the franchise agreement, then (i) we will defend you (at our expense) against any legal action by a third-party alleging infringement by your use of the trademark, and (ii) we will indemnify you for expenses and damages if the legal action is resolved unfavorably to you.
Under the franchise agreement, we may require you to modify or discontinue using a trademark, at your expense.
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 principal trademark that Care Plus Medical Ucc licenses to franchisees is not federally registered. However, Care Plus Medical Ucc has filed an application for registration on the Principal Register of the United States Patent and Trademark Office. The application dates for the trademarks are 3/10/2023, with identification numbers 97833019 and 97833013. Because the trademark is not federally registered, it lacks many of the legal benefits and rights associated with federal registration.
This poses a risk to prospective Care Plus Medical Ucc franchisees. If the franchisor's right to use the trademark is challenged, franchisees may be required to switch to an alternative trademark. This change could lead to increased expenses for the franchisee.
Care Plus Medical Ucc states that they will defend franchisees (at their expense) against any legal action by a third party alleging infringement if the franchisee uses the trademarks in accordance with the franchise agreement. They will also indemnify the franchisee for expenses and damages if the legal action is resolved unfavorably to the franchisee. However, Care Plus Medical Ucc retains the right to require franchisees to modify or discontinue using a trademark, at the franchisee's expense.