Has the USPTO made any determinations regarding the Proprietary Marks of Closet Storage Concepts?
Closet_Storage_Concepts Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no currently effective determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court involving the Proprietary
Marks. We have entered into an agreement with Storage Concepts, Inc., an Omaha-based custom closet provider in which we have agreed to cease using the trademark Closet & Storage Concepts in the greater Omaha Nebraska area. However, this restriction is no longer enforceable in the event that Storage Concepts, Inc. (including any affiliates, subsidiaries, licensee, successors and assigns) has abandoned the Storage Concepts trademark within the meaning of the Lanham Act, 15 U.S.C. 1127.
Source: Item 13 — TRADEMARKS (FDD pages 40–41)
What This Means (2025 FDD)
According to Closet Storage Concepts's 2025 Franchise Disclosure Document, there are no currently effective determinations from the USPTO, the Trademark Trial and Appeal Board, any state trademark administrator, or any court involving the Proprietary Marks. However, Closet Storage Concepts has an agreement with Storage Concepts, Inc., a custom closet provider based in Omaha, Nebraska, where Closet Storage Concepts agreed to stop using the trademark Closet & Storage Concepts in the greater Omaha area. This restriction is no longer enforceable if Storage Concepts, Inc. abandons its trademark under the Lanham Act.
For a prospective franchisee, this means that Closet Storage Concepts is generally free to use its trademarks without legal challenges, except for the agreement with the Omaha company. The agreement's unenforceability hinges on whether Storage Concepts, Inc. abandons its trademark, which is defined under the Lanham Act. This could be relevant if a franchisee were to operate near Omaha, Nebraska, although the restriction is potentially void.
Closet Storage Concepts also maintains control over the use of its Proprietary Marks. Franchisees' rights to use these marks come solely from the Franchise Agreement, and Closet Storage Concepts can modify the rules and standards for their use. Franchisees cannot contest Closet Storage Concepts's ownership of the marks and must stop using them upon termination of the Franchise Agreement. Additionally, franchisees cannot use the Proprietary Marks as part of a corporate name, domain name, or email address without authorization.
Closet Storage Concepts also lists the principal trademarks that it licenses to franchisees, including "Closet & Storage Concepts" (Registration Number 2320421, registered February 22, 2000), "Closet & Storage Concepts (plus design)" (Registration Number 4271254, registered January 8, 2013), "Conquer Closet Clutter" (Registration Number 2295417, registered November 30, 1999), "GETTING ORGANIZED IS ALWAYS IN" (Registration Number 5094072, registered December 6, 2016), "STYLE!", "GOT SPACE?" (Registration Number 5493988, registered June 12, 2018), "GOT SPACE?" (Registration Number 5607582, registered November 13, 2018), "MAKE ROOM FOR LIFE" (Registration Number 4660379, registered December 23, 2014), and "INVISI-BORE" (Registration Number 6266044, registered February 9, 2021).