Are there any material determinations by the USPTO regarding the Chocolate Bash trademarks?

According to Chocolate Bash's 2024 Franchise Disclosure Document, there are no current material determinations from the United States Patent and Trademark Office (USPTO), 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 significant legal challenges or disputes that could affect a franchisee's ability to use them.

Chocolate Bash's affiliate, Albasha, LLC, owns the trademarks, and Chocolate Bash has 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 states that it will protect a franchisee's right to use the licensed 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 has the right to control any administrative or legal proceedings 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 states 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 licensed to franchisees is registered on the Principal Register of the USPTO. The trademarks "Chocolate Bash" have registration dates of July 11, 2017 (registration number 5240379, renewal date 7/11/27) and July 18, 2019 (registration number 5244703, renewal date 7/18/25).