What affidavits have been filed regarding the Chocolate Fish Coffee trademarks?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
ee Roasters | 4/28/2020 | 6042407 |
Because the federal trademark registration is less than six years old the registration has not yet been renewed. We have filed all required affidavits.
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
Nzus, Corp, our affiliate, owns the trademarks described in this Item. Under an Intercompany License Agreement between us and Nzus, Corp, 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.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to the 2024 Chocolate Fish Coffee Franchise Disclosure Document, because the federal trademark registration is less than six years old, the registration has not yet been renewed. However, Chocolate Fish Coffee states that they have filed all required affidavits.
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 Fish Coffee's use or ownership rights in a trademark.
Chocolate Fish Coffee's affiliate, Nzus, Corp, owns the trademarks, and Chocolate Fish Coffee has been granted the exclusive right to sublicense the trademarks to franchisees throughout the United States via an Intercompany License Agreement. This agreement is of perpetual duration and can only be modified by mutual consent. It can be canceled by Nzus, Corp only if Chocolate Fish Coffee materially misuses the trademarks and fails to correct the misuse, or if Chocolate Fish Coffee discontinues commercial use of the trademarks for a continuous period of more than one year. The agreement also specifies that the termination of the Intercompany License Agreement will not affect a franchisee's rights.