Who owns the trademarks described in Item 13 for Chocolate Fish Coffee?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
RADEMARKS**
Principal Trademark
The following are the principal trademarks that we license to you. This trademarks are owned by our Affiliate, Nzus, Corp. They are registered on the Principal Register of the United States Patent and Trademark Office.
| Trademark | Registration Date | Registration Number |
|---|---|---|
| 4/28/2020 | 6042416 | |
| Chocolate Fish Coffee 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.
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.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, the trademarks described in Item 13 are owned by Nzus, Corp, which is an affiliate of Chocolate Fish Coffee. Chocolate Fish Coffee has been granted the exclusive right to sublicense these trademarks to franchisees throughout the United States through an Intercompany License Agreement with Nzus, Corp. This agreement is perpetual and can only be modified by mutual consent. Nzus, Corp can cancel the agreement if Chocolate Fish Coffee misuses the trademarks and fails to correct the misuse, or if Chocolate Fish Coffee discontinues commercial use of the trademarks for over a year. However, the agreement specifies that termination will not affect a franchisee's rights.
Chocolate Fish Coffee states that they will protect a franchisee's right to use the principal trademarks and defend against claims of infringement or unfair competition. Franchisees are obligated to notify Chocolate Fish Coffee of any identical or confusingly similar trademark use or claims. Chocolate Fish Coffee has the right to control any administrative or legal proceedings involving the licensed trademarks. If a franchisee uses the trademarks according to the franchise agreement, Chocolate Fish Coffee will defend the franchisee against legal action alleging infringement and will cover expenses and damages if the action is unfavorable to the franchisee.
Chocolate Fish Coffee may require a franchisee to modify or discontinue using a trademark at the franchisee's expense. Chocolate Fish Coffee does not know 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.