What are the registration dates for the Chocolate Fish Coffee trademarks?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
| Trademark | Registration Date | Registration Number |
|---|---|---|
| 4/28/2020 | 6042416 | |
| Chocolate Fish Coffee Roasters | 4/28/2020 | 6042407 |
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, the company has two registered trademarks. Both the trademark without a specified name and the 'Chocolate Fish Coffee Roasters' trademark were registered on April 28, 2020. These trademarks are registered on the Principal Register of the United States Patent and Trademark Office and are owned by Chocolate Fish Coffee's affiliate, Nzus, Corp. 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 more than one year. However, the agreement specifies that termination will not affect a franchisee's rights.
Because the federal trademark registration is less than six years old, the registration has not yet been renewed. Chocolate Fish Coffee states that they have filed all required affidavits. Chocolate Fish Coffee will defend a franchisee (at their expense) against any legal action by a third-party alleging infringement by the franchisee's use of the trademark, and they will indemnify the franchisee for expenses and damages if the legal action is resolved unfavorably to the franchisee.
Chocolate Fish Coffee may require a franchisee to modify or discontinue using a trademark, at the franchisee's expense. Franchisees are obligated to notify Chocolate Fish Coffee of any use of, or claims of rights to, a trademark that is identical or confusingly similar to a trademark licensed to them. Chocolate Fish Coffee does not have to take affirmative action when notified of these uses or claims but has the right to control any administrative proceedings or litigation involving a trademark licensed to the franchisee. 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.