Are there any pending infringement, opposition, or cancellation proceedings involving the Cinnaholic mark?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
All required affidavits for the principal Marks have been filed. There are no currently effective determinations of the USPTO, Trademark Trial and Appeal Board, the Trademark Administrator of any state, or any court; nor is there any pending infringement, opposition or cancellation proceedings, or material litigation, involving the Mark listed above. No agreements limit our right to use or license the use of the Mark.
You must follow the Franchise Agreement, the Operations Manual, our specifications, and directives when you use the Mark. The Mark is the only mark you may use to identify the Bakery. You may not use any Mark as part of any corporate or trade name or as part of any domain name or electronic address you maintain on the Internet, the worldwide web, or any other similar proprietary or common carrier electronic delivery system unless we expressly authorize you to do so in writing. You may not use the Mark in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by us. Your use of the Mark and any goodwill is to our exclusive benefit and you retain no rights in the Mark other than a license to use the Mark during the terms of the Franchise Agreement. You are not permitted to make any changes of any kind in or to the use of the Mark unless we permit.
You must notify us immediately when you learn about an infringement of or challenge to your use of a Mark. We will take the action we think appropriate. We have the right to exclusively control any litigation, USPTO proceeding, or other proceeding arising out of any infringement, challenge, or claim or otherwise relating to any Mark.
You must notify us promptly of any unauthorized use of the Mark of which you have knowledge or of any challenge to the validity of our ownership of or our right to license others to use the Mark. We will take the action, if any, we believe to be appropriate. We have the right, but no obligation, to initiate, direct, and control any litigation or administrative proceeding relating to the Mark, including, but not limited to, any settlement. We will be entitled to retain any and all proceeds, damages, and other sums, including attorneys' fees, recovered or owed to us or our affiliates in connection with any such action. You must execute all documents and, render any other assistance we may deem necessary to any such proceeding or any effort to maintain the continued validity and enforceability of the Mark. We will defend you against any third party claim, suit, or demand arising out of your use of the Mark. If we, in our sole discretion, determine that you have used the Mark in accordance with the Franchise Agreement, the cost of such defense and the cost of any judgment or settlement, will be borne by us. If we, in our sole discretion, determine that you have not used the Mark in accordance with the Franchise Agreement, those costs will be borne by you. In the event of any litigation relating to your use of the Mark, you will do such acts as may, in our opinion, be necessary to carry out such defense or prosecution, including becoming a nominal party to any legal action. Except to the extent that such litigation is the result of your use of the Mark in a manner inconsistent with the terms of the Franchise Agreement or the Manuals, we agree to reimburse you for your out-of-pocket costs in doing such acts.
You must modify or discontinue the use of a Mark and you must adopt or use additional or substituted marks, if we instruct you to do so. If this happens, you are responsible for your tangible costs of compliance (i.e. changing signs) and we do not have to reimburse you for any loss of revenue due to any modified or discontinued Mark, or for your expenses of promoting a modified or substitute Mark. You waive any claim against us for changing, modifying, or discontinuing a Mark. We may also develop or acquire additional Marks and make them available for your use.
We do not know of any superior rights or infringing uses that could materially affect your use of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, there are no pending infringement, opposition, or cancellation proceedings, or material litigation, involving the Cinnaholic mark. The document also states that there are no currently effective determinations of the USPTO (United States Patent and Trademark Office), Trademark Trial and Appeal Board, or the Trademark Administrator of any state, or any court involving the mark. Additionally, no agreements limit Cinnaholic's right to use or license the use of the mark.
Cinnaholic franchisees are required to adhere to the Franchise Agreement, Operations Manual, specifications, and directives when using the Cinnaholic mark. The Cinnaholic mark is the only mark franchisees are permitted to use to identify their bakery, unless expressly authorized in writing by Cinnaholic. Franchisees cannot use the mark as part of any corporate or trade name, domain name, or electronic address without written authorization. The use of the mark must be in connection with authorized products or services and in a manner approved by Cinnaholic. All goodwill associated with the mark benefits Cinnaholic, and franchisees only have a license to use the mark during the term of the Franchise Agreement.
Cinnaholic franchisees must immediately notify Cinnaholic of any infringement or challenge to the use of the mark. Cinnaholic will then take action it deems appropriate and has the exclusive right to control any litigation, USPTO proceeding, or other proceeding related to any infringement, challenge, or claim. Cinnaholic will defend the franchisee against any third-party claim, suit, or demand arising out of the franchisee's use of the mark, provided the franchisee has used the mark in accordance with the Franchise Agreement. If the franchisee has not used the mark in accordance with the Franchise Agreement, the franchisee will bear the costs of the defense and any judgment or settlement.
Cinnaholic may instruct franchisees to modify or discontinue the use of a mark and adopt additional or substituted marks. Franchisees are responsible for the tangible costs of compliance, such as changing signs, and Cinnaholic is not responsible for any loss of revenue or expenses related to promoting a modified or substitute mark. Franchisees waive any claim against Cinnaholic for changing, modifying, or discontinuing a mark. Cinnaholic may also develop or acquire additional marks and make them available for franchisee use. Cinnaholic does not know of any superior rights or infringing uses that could materially affect the franchisee's use of the marks.