Does Carvel currently have a federal registration for the trademark with application number 98,426,727?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
| Mark | Application Number | Application Date |
|---|---|---|
| 98,426,727 | February 29, 2024 |
At this time, we do not have a registration for this trademark. Therefore, this trademark does not have many of the legal benefits and rights as a federally-registered trademark. If your right to use this trademark is challenged, you may have to change to an alternative trademark which will increase your expenses.
Other Proprietary Marks have been, or may be, applied for or registered with the USPTO. The provisions of the Franchise Agreement apply to any and all other trademarks, service marks, and trade dress authorized and licensed for use by us to you during the term of the Franchise Agreement. We may specify the other Proprietary Marks that you may use, if any, in writing from time to time. You must comply with the proper use and marking of the Proprietary Marks as we indicate in the Manuals or otherwise. We update the Manuals periodically and add or delete Proprietary Marks on a continuing basis.
Source: Item 13 — Trademarks (FDD pages 79–81)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, Carvel has filed an application for the trademark with application number 98,426,727. The application was filed on February 29, 2024, but Carvel does not currently have a registration for this trademark. Carvel states that because they do not have a registration for this trademark, it does not have many of the legal benefits and rights as a federally-registered trademark.
This lack of registration could pose a risk to prospective Carvel franchisees. According to the FDD, if a franchisee's right to use this trademark is challenged, they may have to change to an alternative trademark, which will increase their expenses. This means that a franchisee could potentially incur additional costs to rebrand their location if Carvel cannot successfully defend the trademark.
Carvel also states that other Proprietary Marks have been, or may be, applied for or registered with the USPTO. The provisions of the Franchise Agreement apply to any and all other trademarks, service marks, and trade dress authorized and licensed for use by Carvel to the franchisee during the term of the Franchise Agreement. Carvel may specify the other Proprietary Marks that the franchisee may use, if any, in writing from time to time. The franchisee must comply with the proper use and marking of the Proprietary Marks as Carvel indicates in the Manuals or otherwise. Carvel updates the Manuals periodically and add or delete Proprietary Marks on a continuing basis.