Are there any currently effective material determinations regarding the Chocolate Bash trademarks from the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court?

According to Chocolate Bash's 2024 Franchise Disclosure Document, there are no currently effective material determinations from the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court regarding the Chocolate Bash trademarks. Additionally, there are no pending infringement, opposition, or cancellation proceedings related to the trademarks. This indicates that Chocolate Bash's trademarks are not currently subject to any adverse legal or administrative actions that could affect a franchisee's right to use them.

Albasha, LLC, an affiliate, owns the trademarks and has granted Chocolate Bash the exclusive right to sublicense these trademarks to franchisees through an Intercompany License Agreement. This agreement is perpetual and can only be modified by mutual consent. It can be canceled by Albasha, LLC if Chocolate Bash misuses the trademarks and fails to correct 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 also states that they will protect a franchisee's right to use the principal trademarks and defend against infringement claims arising from their use, provided the trademarks are used in accordance with the franchise agreement. Franchisees are obligated to notify Chocolate Bash of any identical or confusingly similar trademark uses or claims. Chocolate Bash retains the right to control any administrative proceedings or litigation involving the licensed trademarks. However, Chocolate Bash may require a franchisee to modify or discontinue using a trademark, at the franchisee's expense.

Chocolate Bash also indicates that they are not aware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks. The principal trademark that Chocolate Bash licenses to franchisees is owned by Albasha, LLC, and is registered on the Principal Register of the United States Patent and Trademark Office.