factual

Are there any pending infringement, opposition, or cancellation proceedings involving the Proprietary Marks that Carvel uses?

Carvel Franchise · 2025 FDD

Answer from 2025 FDD Document

There are no agreements currently in effect which could significantly limit our rights to use or license the Proprietary Marks. There are no currently effective determinations of the USPTO, Trademark Trial and Appeal Board, the trademark administrator of any state, or any court adversely affecting the ownership, use or licensing of the Proprietary Marks. There is no pending infringement, opposition or cancellation proceedings, or material litigation, involving the Proprietary Marks. There are no currently effective agreements limiting our right to use or license the Proprietary Marks. There are presently no infringing uses known to us that could materially affect your use of the Proprietary Marks listed above in the state in which your Shoppe will be located.

Source: Item 13 — Trademarks (FDD pages 79–81)

What This Means (2025 FDD)

According to Carvel's 2025 Franchise Disclosure Document, there are currently no pending infringement, opposition, or cancellation proceedings, or material litigation, involving the Proprietary Marks. Additionally, there are no currently effective determinations of the USPTO, Trademark Trial and Appeal Board, the trademark administrator of any state, or any court adversely affecting the ownership, use or licensing of the Proprietary Marks. There are also no currently effective agreements limiting Carvel's right to use or license the Proprietary Marks.

This statement provides reassurance to potential Carvel franchisees that the trademarks associated with the franchise are not currently subject to any legal challenges that could disrupt their use. It indicates that Carvel has taken steps to protect its trademarks and that franchisees should be able to operate under those marks without immediate concern for legal disputes.

However, it is important for prospective franchisees to understand that this is a snapshot in time. Trademark disputes can arise, and Carvel's FDD also states that if a franchisee learns of any claim against them for alleged infringement, unfair competition, or similar claims about the Proprietary Marks, they must promptly notify Carvel. Carvel will then take action it considers necessary to defend the franchisee and must indemnify the franchisee for any action against them by a third party based solely on alleged infringement, unfair competition, or similar claims about the Proprietary Marks.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.