On what register is the CHESTER’S (And Design) mark registered?
Chesters Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: TRADEMARKS]
| Mark | Registration Number | Registration Date | Register | Renewed |
|---|---|---|---|---|
| (And Design) | ||||
| CHESTER’S (And Design) | 3,011,320 | 11/01/2005 | Principal | Yes |
| CHESTER’S (And Design) | 3,050,595 | 01/24/2006 | Principal | Yes |
| CHESTER’S (And Design) | 6901638 | 11/15/2022 | Principal | Not Applicable |
| CHESTER'S CHICKEN ON THE RUN (And Design) | 6828173 | 08/23/2022 | Principal | Not Applicable |
| CHESTER'S CHICKEN ON THE RUN (And Design) | 6828172 | 08/23/2022 | Principal | Not Applicable |
Source: Item 13 — TRADEMARKS (FDD pages 31–33)
What This Means (2025 FDD)
According to Chesters's 2025 Franchise Disclosure Document, the CHESTER’S (And Design) mark is registered on the USPTO's Principal Register. Several CHESTER’S (And Design) trademarks are listed with different registration numbers and dates, all on the Principal Register. Specifically, registration numbers 3,011,320 (registered 11/01/2005), 3,050,595 (registered 01/24/2006), 6901638 (registered 11/15/2022), and 7258625 (registered 01/02/2024) are all identified as being on the Principal Register.
This means that Chesters has officially registered these trademarks with the United States Patent and Trademark Office, providing them with legal protection against infringement. The Principal Register offers stronger legal protection compared to the Supplemental Register. Chesters also states that they have filed all required affidavits of use for the Principal Mark and have renewed the Registration of the Principal Mark in 2017.
For a prospective franchisee, this registration on the Principal Register is a positive sign, indicating that Chesters has taken steps to protect its brand identity. It also means that Chesters has the right to prevent others from using similar marks in connection with restaurant services, food preparation, and related products. However, the FDD also states that the agreement does not require Chesters to protect the franchisee's right to use the marks or protect them against claims of infringement or unfair competition from their use of the Marks.
While Chesters owns and controls any litigation arising from infringement, the franchisee must cooperate with Chesters in defending or settling litigation. The FDD also clarifies that Chesters has no obligation to participate in the franchisee's defense or indemnify them for expenses or damages if they are involved in a proceeding regarding a licensed mark. This highlights the importance of franchisees adhering to Chesters's guidelines for using the marks and understanding the limitations of the franchisor's obligations in protecting their use.