Is the principal trademark licensed to Care Plus Medical Ucc owned by the franchisor?
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.
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.
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 owned by them. However, Care Plus Medical Ucc does not have a federal registration for its principal trademark. As a result, the trademark lacks the full legal benefits and rights of a federally registered trademark.
This poses a risk to prospective franchisees. If Care Plus Medical Ucc'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 has filed an application for registration on the Principal Register of the United States Patent and Trademark Office.
Care Plus Medical Ucc states that there are no effective agreements that significantly limit their rights to use or license the use of trademarks in a manner material to the franchise. Care Plus Medical Ucc will protect a franchisee's right to use the principal trademarks and will protect against claims of infringement or unfair competition arising out of the franchisee's use of the trademarks. The franchise agreement obligates franchisees to notify Care Plus Medical Ucc of any identical or confusingly similar trademark uses or claims. Care Plus Medical Ucc has the right to control any administrative proceedings or litigation involving a trademark licensed by them to the franchisee.
If a franchisee uses Care Plus Medical Ucc's trademarks in accordance with the franchise agreement, Care Plus Medical Ucc will defend the franchisee (at their expense) against any legal action by a third party alleging infringement and will indemnify the franchisee for expenses and damages if the legal action is resolved unfavorably to the franchisee. Care Plus Medical Ucc may require a franchisee to modify or discontinue using a trademark, at the franchisee's expense. Care Plus Medical Ucc does not know of either superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks.