Since when has the Principal Mark for Chesters been in use?
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, CHESTER'S, has been in use since 2004. It was officially registered with the United States Patent and Trademark Office (USPTO) on November 6, 2007, with Registration Number 3,206,105. Chesters acquired this principal mark through a merger, as detailed in Item 1 of the FDD. The principal mark's coverage extends to various products and services, including batter, marinade, breading, and mixes (International Class 30), restaurant services, food preparation services, and take-out food services (International Class 43), as well as paper products like napkins, carry-out boxes, bags, and posters (International Class 16). Chesters has also filed all necessary affidavits of use and renewed the registration of the principal mark in 2017.
In addition to the principal mark, Chesters owns other related marks, including several variations of CHESTER’S (And Design) and CHESTER'S CHICKEN ON THE RUN (And Design). These marks are also registered on the USPTO's Principal Register, with all required affidavits of use filed and registrations renewed where applicable. The registration dates for these marks vary, with some dating back to 2005 and others as recent as 2022.
As a Chesters franchisee, it's crucial to adhere to the franchisor's guidelines when using these marks, including displaying proper trademark and service-mark registration notices and obtaining any legally required fictitious or assumed-name registrations. Franchisees are prohibited from using any mark in their corporate or legal business name, modifying the marks without authorization, using them to sell unauthorized products or services, or incorporating them into unauthorized domain names or websites. Chesters retains control over any litigation or administrative proceedings related to infringement, challenges, or claims involving the marks, and franchisees are required to cooperate in defending or settling such litigation.