Has Chocolate Bash filed all required affidavits for its trademarks?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
All required affidavits have been filed.
Determinations
There are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. There are no pending infringement, opposition, or cancellation proceedings.
Litigation
There is no pending material federal or state court litigation regarding our use or ownership rights in a trademark.
Agreements
Albasha, LLC, our affiliate, owns the trademarks described in this Item. Under an Intercompany License Agreement between us and Albasha, LLC, we have been granted the exclusive right to sublicense the trademarks to franchisees throughout the United States. The agreement is of perpetual duration. It may be modified only by mutual consent of the parties. It may be canceled by our affiliate only if (1) we materially misuse the trademarks and fail to correct the misuse, or (2) we discontinue commercial use of the trademarks for a continuous period of more than one year. The Intercompany License Agreement specifies that if it is ever terminated, your franchise rights will remain unaffected.
Protection of Rights
We protect your right to use the principal trademarks listed in this Item, and we protect you against claims of infringement or unfair competition arising out of your use of the trademarks, to the extent described in this section.
The franchise agreement obligates you to notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to a trademark licensed to you. The franchise agreement does not require us to take affirmative action when notified of these uses or claims. We have the right to control any administrative proceedings or litigation involving a trademark licensed by us to you.
If you use our trademarks in accordance with the franchise agreement, then (i) we will defend you (at our expense) against any legal action by a third party alleging infringement by your use of the trademark, and (ii) we will indemnify you for expenses and damages if the legal action is resolved unfavorably to you.
Under the franchise agreement, we may require you to modify or discontinue using a trademark, at your expense.
Source: Item 13 — TRADEMARKS (FDD pages 26–28)
What This Means (2024 FDD)
According to Chocolate Bash's 2024 Franchise Disclosure Document, all required affidavits for its trademarks have been filed. This is a positive indicator for prospective franchisees, as it suggests that Chocolate Bash is actively maintaining and protecting its trademarks.
The FDD also states that there are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. Additionally, there are no pending infringement, opposition, or cancellation proceedings, nor is there any pending material federal or state court litigation regarding Chocolate Bash's use or ownership rights in a trademark. This further reinforces the security of the trademarks licensed to franchisees.
Chocolate Bash's affiliate, Albasha, LLC, owns the trademarks and has granted Chocolate Bash the exclusive right to sublicense them to franchisees throughout the United States via an Intercompany License Agreement. This agreement is perpetual and can only be modified by mutual consent. It can be canceled by Albasha, LLC only if Chocolate Bash materially misuses the trademarks without correcting the misuse, or if Chocolate Bash discontinues commercial use of the trademarks for over a year. Importantly, the agreement specifies that termination of the Intercompany License Agreement will not affect a franchisee's rights.
Chocolate Bash protects a franchisee's right to use the principal trademarks and will defend and indemnify the franchisee against infringement claims arising from their use of the trademarks, provided the trademarks are used in accordance with the franchise agreement. However, the franchise agreement does not require Chocolate Bash to take action if notified of similar trademark uses or claims, but Chocolate Bash retains the right to control any administrative or legal proceedings involving the licensed trademarks. Chocolate Bash can also require a franchisee to modify or discontinue using a trademark at the franchisee's expense.