Has CiCi Enterprises filed all required affidavits with the USPTO regarding the Cicis trademarks?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no presently effective determinations of the USPTO, the trademark trial and appeal board, the trademark administrator of any state or any court, nor any pending infringement, opposition, or cancellation proceeding, nor any pending litigation involving the Marks which is relevant to its ownership, use or licensing. CiCi Enterprises has filed all required affidavits with the USPTO.
Pursuant to the Trademark Assignment Agreement dated March 10, 2021, CiCi Enterprises assigned its ownership interest in the Marks to Yes Caps. Under the Trademark License
Agreement, dated March 10, 2021 (the "License Agreement"), Yes Caps has granted us a license to use and sublicense the use of the Marks. The License Agreement has a perpetual term and can be terminated on 60 days' notice (resulting in the loss of our right to use and to sublicense the use of the Marks). Your rights to use the Marks during the current term of your Franchise Agreement will not be affected by the termination or expiration of our license. We would not be able to grant additional licenses of the Marks after expiration or termination of our license.
We will indemnify you against all damages for which you are held liable in any proceeding resulting from your use of any of the Marks, so long as your conduct and the conduct of your Controlling Principals in the proceeding and in the use of the Marks is in full compliance with the terms of the Franchise Agreement. Other than this, we are not obligated to protect your rights to use the Marks or to protect you against claims of infringement or unfair competition.
Source: Item 13 — TRADEMARKS (FDD pages 41–42)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, CiCi Enterprises has filed all required affidavits with the USPTO (United States Patent and Trademark Office). However, it's important to note that CiCi Enterprises assigned its ownership interest in the Marks to Yes Caps via a Trademark Assignment Agreement dated March 10, 2021. Yes Caps then granted Cicis a license to use and sublicense the Marks under a Trademark License Agreement, also dated March 10, 2021. This license has a perpetual term but can be terminated with 60 days' notice, which would result in Cicis losing the right to use and sublicense the Marks.
Despite the assignment and licensing agreement, the FDD assures prospective franchisees that their rights to use the Marks during the current term of their Franchise Agreement will not be affected if Cicis's license is terminated or expires. However, Cicis would not be able to grant additional licenses of the Marks after such termination or expiration. Cicis also provides an indemnity to franchisees against damages they are held liable for in any proceeding resulting from their use of any of the Marks, as long as their conduct and that of their Controlling Principals fully complies with the terms of the Franchise Agreement.
While Cicis is not obligated to protect a franchisee's rights to use the Marks or protect them against claims of infringement or unfair competition beyond the indemnity described, the franchisee is obligated to notify Cicis immediately of any infringement of the Marks or any challenge to their use. The franchisee must also agree not to communicate with anyone other than Cicis and its counsel about any such infringement, challenge, or claim. Cicis retains sole discretion to take any action it deems appropriate and has the exclusive right to control any litigation or USPTO proceeding arising from such issues. Franchisees must also execute all documents and provide assistance necessary to protect Cicis's interests in any litigation or proceeding or to otherwise protect and maintain its interest in the Marks.