Are there any pending infringement, opposition, or cancellation proceedings concerning the Chocolate Bash trademarks?

According to Chocolate Bash's 2024 Franchise Disclosure Document, there are no pending infringement, opposition, or cancellation proceedings concerning its trademarks. The FDD states that there are no currently effective material determinations by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. Additionally, there is no pending material federal or state court litigation regarding Chocolate Bash's use or ownership rights in a trademark. This indicates that Chocolate Bash is not currently involved in any legal disputes over its trademarks.

Chocolate Bash's affiliate, Albasha, LLC, owns the trademarks and has granted Chocolate Bash the exclusive right to sublicense these trademarks 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 and fails to correct the misuse, or if Chocolate Bash discontinues commercial use of the trademarks for a continuous period of more than one 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 principal trademarks and defend against claims of infringement or unfair competition arising from their use, provided the trademarks are used in accordance with the franchise agreement. If a franchisee uses Chocolate Bash's trademarks according to the franchise agreement, Chocolate Bash will defend the franchisee against any legal action alleging infringement and will indemnify the franchisee for expenses and damages if the legal action is resolved unfavorably. However, Chocolate Bash may require a franchisee to modify or discontinue using a trademark at the franchisee's expense.

Chocolate Bash also states that it is not aware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks. The trademarks licensed to franchisees are registered on the Principal Register of the United States Patent and Trademark Office. The "Chocolate Bash" trademark has registration number 5240379 with a registration date of July 11, 2017, and a renewal date of July 11, 2027, and registration number 5244703 with a registration date of July 18, 2019, and a renewal date of July 18, 2025.