Are there any determinations by the USPTO regarding the Cilantro Taco Grill trademarks?
Cilantro_Taco_Grill Franchise · 2024 FDDAnswer from 2024 FDD Document
There are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeals Board, the Trademark Administration of any state, or any court relating to the Marks. There is no pending infringement, opposition or cancellation. There is no pending material federal or state court litigation involving the Principal Marks or other Marks.
As of the date of this Disclosure Document, we know of no superior prior rights or infringing uses that could materially affect your use of the Principal Marks.
Source: Item 13 — TRADEMARKS (FDD pages 35–36)
What This Means (2024 FDD)
According to Cilantro Taco Grill's 2024 Franchise Disclosure Document, there are no currently effective material determinations from the United States Patent and Trademark Office (USPTO), the Trademark Trial and Appeals Board, the Trademark Administration of any state, or any court relating to the Cilantro Taco Grill trademarks. Additionally, there is no pending infringement, opposition, or cancellation, nor is there any pending material federal or state court litigation involving the Principal Marks or other Marks as of the date of the Disclosure Document.
This indicates that Cilantro Taco Grill's trademarks are currently clear of any significant legal challenges or determinations that could negatively impact a franchisee's ability to use them. A prospective franchisee can be reasonably assured that they should be able to operate under the Cilantro Taco Grill brand without immediate concern for trademark-related legal issues.
The FDD also states that CTG IP LLC owns the marks and has granted Cilantro Taco Grill the exclusive right to use and license the marks for operating a Cilantro Taco Grill outlet. The Franchise Agreement will license the right to operate under the Cilantro Taco Grill service mark, as well as any additional principal marks that Cilantro Taco Grill designates. One mark is listed with a filing number of 88046940, a filing date of July 20, 2018, a registration number of 6132986, and a registration date of August 25, 2020, on the Principal register.
It is important for a prospective franchisee to understand that Cilantro Taco Grill reserves the right to substitute different Marks if they can no longer use the current Marks, or if they determine that substitution will be beneficial to the System. In such an event, Cilantro Taco Grill may require the franchisee, at their expense, to modify or stop using any Mark, including the Principal Marks, or to use one or more additional or substitute Marks. Franchisees must also notify Cilantro Taco Grill immediately if they learn of any infringement or challenge to the use of the Principal Marks.