When was the trademark for 'Chocolate Fish Coffee Roasters' registered?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 13: TRADEMARKS]
| Trademark | Registration Date | Registration Number |
|---|---|---|
| 4/28/2020 | 6042416 | |
| Chocolate Fish Coffee Roasters | 4/28/2020 | 6042407 |
[Item 13: TRADEMARKS]
Because the federal trademark registration is less than six years old the registration has not yet been renewed. We have filed all required affidavits.
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.
If you use our trademarks in accordance with the franchise agreement, then (i) we will defend you (at our expense) against any legal action by a third-party alleging infringement by your use of the trademark, and (ii) we will indemnify you for expenses and damages if the legal action is resolved unfavorably to you.
Under the franchise agreement, we may require you to modify or discontinue using a trademark, at your expense.
We do not know of either superior prior rights or infringing uses that could materially affect your use of the principal trademarks.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, the trademark for 'Chocolate Fish Coffee Roasters' was registered on April 28, 2020, with a registration number of 6042407. The FDD also indicates that the trademarks are owned by Chocolate Fish Coffee's affiliate, Nzus, Corp, and are registered on the Principal Register of the United States Patent and Trademark Office. Because the federal trademark registration is less than six years old the registration has not yet been renewed.
For a prospective franchisee, this registration date confirms that Chocolate Fish Coffee has taken steps to legally protect its brand name. The fact that the trademark is owned by an affiliate, Nzus, Corp, and licensed to Chocolate Fish Coffee means that the franchisee's right to use the trademark depends on the agreement between Chocolate Fish Coffee and Nzus, Corp. However, the agreement specifies that if it is ever terminated, your franchise rights will remain unaffected.
Chocolate Fish Coffee states that they will defend the 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 them. Chocolate Fish Coffee also states that they do not know of either superior prior rights or infringing uses that could materially affect the franchisee's use of the principal trademarks.
It is important to note that Chocolate Fish Coffee may require the franchisee to modify or discontinue using a trademark, at the franchisee's expense. While the franchisor commits to protecting the franchisee's right to use the trademarks, this clause introduces a potential risk that the franchisee may have to bear costs associated with changes to branding if required by Chocolate Fish Coffee.