Are there any pending infringement, opposition, or cancellation proceedings involving the Cicis Marks?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
Texas under Registration Number 051349. The date of that registration is October 25, 1991.
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.
You must immediately notify us of any infringement of the Marks or of any challenge to the use of any of the Marks or claim by any person of any rights in any of the Marks. You and your Controlling Principals must agree not to communicate with any person other than us and our counsel about any such infringement, challenge or claim. We have sole discretion to take any action we deem appropriate and the right to exclusively control any litigation or USPTO (or other) proceeding arising out of any infringement, challenge, or claim concerning any of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 41–42)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, there are no currently effective determinations by the USPTO, the Trademark Trial and Appeal Board, or any court, nor are there any pending infringement, opposition, or cancellation proceedings, or any pending litigation involving the Cicis Marks that are relevant to its ownership, use, or licensing. Cicis Enterprises has also filed all required affidavits with the USPTO. This indicates that Cicis is not currently involved in any legal disputes regarding its trademarks, which could be seen as a positive sign for potential franchisees. However, it is important to note that this only reflects the situation at the time the FDD was issued.
Cicis does state that while they have trademark registrations for the circular symbol and the word "CICIS," they do not have a federal registration for the Mark as shown on the cover page with the combination of those two elements and the word "pizza." Therefore, that trademark in that form does not have as many legal benefits and rights as a federally registered trademark. If their right to use the trademark in that form is challenged, the franchisee may have to change to an alternative trademark, which may increase expenses.
Furthermore, the FDD states that franchisees must immediately notify Cicis of any infringement of the Marks or of any challenge to the use of any of the Marks or claim by any person of any rights in any of the Marks. The franchisee and their Controlling Principals must agree not to communicate with any person other than Cicis and its counsel about any such infringement, challenge or claim. Cicis has sole discretion to take any action it deems appropriate and the right to exclusively control any litigation or USPTO (or other) proceeding arising out of any infringement, challenge, or claim concerning any of the Marks. The franchisee must execute all instruments and documents and give Cicis any assistance that in its counsel's opinion may be necessary or advisable to protect and maintain its interests in any such litigation or proceeding or to otherwise protect and maintain its interest in the Marks. This clause places the responsibility on the franchisee to report any potential trademark issues and gives Cicis control over any legal actions related to the trademarks. Franchisees are also responsible for all expenses related to the substitution of different Marks, should Cicis determine that substitution will be beneficial to the System.