Has Chesters filed all required affidavits of use for the Principal Mark?
Chesters Franchise · 2025 FDDAnswer from 2025 FDD Document
You have the right to use certain trademarks, service marks and trade dress (individually, a "Mark" and collectively, the "Marks") in operating the Restaurant. The principal Mark for CHESTER'S Restaurant franchises is CHESTER'S (the "Principal Mark"). The Principal Mark has been in use since 2004, and was registered on the United States Patent and Trademark Office's (USPTO) Principal Register on November 6, 2007 (Registration Number 3,206,105). We acquired the Principal Mark as part of the merger described in Item 1. The Principal Mark generally covers batter, marinade, breading, and mixes (in International Class 30); restaurant services, food preparation services and take-out food services (in International Class 43); and paper products such as napkins, carry-out boxes, bags, and posters( in International Class 16). We have filed all required affidavits of use for the Principal Mark. We also have renewed the Registration of the Principal Mark (in 2017).
Source: Item 13 — TRADEMARKS (FDD pages 31–33)
What This Means (2025 FDD)
According to Chesters's 2025 Franchise Disclosure Document, Chesters has filed all required affidavits of use for the Principal Mark. The Principal Mark for Chesters restaurants is CHESTER'S, which has been in use since 2004 and was registered on the United States Patent and Trademark Office's (USPTO) Principal Register on November 6, 2007 (Registration Number 3,206,105). Chesters also renewed the Registration of the Principal Mark in 2017.
For a prospective franchisee, this indicates that Chesters has taken the necessary legal steps to protect its primary brand name. Filing affidavits of use is a standard procedure to maintain a registered trademark, confirming that the mark is actively being used in commerce. This reduces the risk of legal challenges to the franchisee's right to use the CHESTER'S trademark.
In addition to the Principal Mark, Chesters owns other related Marks registered on the USPTO's Principal Register. All required affidavits of use have been filed for these marks, and all Registrations have been renewed. This provides further assurance that Chesters is proactive in protecting its brand assets. The FDD also states that there are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, and no pending infringement, opposition, or cancellation proceedings or material litigation, involving the principal Marks.