What does the Chesters Principal Mark generally cover in International Class 43?
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, the Principal Mark generally covers restaurant services, food preparation services, and take-out food services in International Class 43. The Principal Mark for Chesters restaurants has been in use since 2004 and was registered with the USPTO on November 6, 2007. The registration number is 3,206,105. Chesters acquired the Principal Mark as part of a merger.
For a prospective franchisee, this means that the Chesters trademark protection extends to the core services offered by the restaurant. This coverage in Class 43 is crucial as it directly relates to the primary revenue-generating activities of a Chesters franchise.
It is important for franchisees to understand the scope of trademark protection to avoid any activities that could infringe on Chesters's intellectual property rights. Franchisees should also be aware that Chesters retains control over any litigation related to the trademarks and is not obligated to defend or indemnify the franchisee in case of infringement claims.