Does Cordova have a federal registration for each of its principal trademarks?
Cordova Franchise · 2025 FDDAnswer from 2025 FDD Document
Not Registered with the United States Patent and Trademark Office
The following principal trademarks identified in the schedule below are a part of the Licensed Marks, our System, and will be used by you in the operations of the Franchised Business but are not registered with the United States Patent and Trademark Office ("USPTO"). As to each of these principal trademarks:
We do not have a federal registration for each of these principal trademarks. Therefore, the trademarks identified below do not have many legal benefits and rights that are afforded to federally registered trademarks. If our right to
use the trademarks (identified below) is challenged, you may have to change to an alternative trademark, which may increase your expenses.
| Mark | Serial Number for Registration Application Filed with USPTO Application | Application Type | Application Date |
|---|---|---|---|
| Cordova | 99030953 | 1(a) | February 6, 2025 |
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board and/or the trademark administrator in any state or any court; no pending infringement, opposition or cancellation proceedings; and no pending litigation involving the Licensed Marks. We know of no superior rights or infringing uses that could materially affect your use of the Licensed Marks or other related rights in any state.
You are required to provide us with written notice of any claims that you may become aware of respecting the Licensed Marks, including your use of the Licensed Marks and/or any claim associated with a third party's use of a trademark that is identical or confusingly similar to the Licensed Marks.
Source: Item 13 — TRADEMARKS (FDD pages 30–31)
What This Means (2025 FDD)
According to Cordova's 2025 Franchise Disclosure Document, not all of its principal trademarks are federally registered with the United States Patent and Trademark Office (USPTO). Cordova states that because they do not have a federal registration for each of their principal trademarks, the trademarks do not have many legal benefits and rights that are afforded to federally registered trademarks. However, Cordova has filed a Serial Number for Registration Application with the USPTO for the trademark "Cordova," with the serial number 99030953, application type 1(a), and application date of February 6, 2025.
This lack of federal registration carries potential risks for franchisees. Cordova acknowledges that if their right to use the unregistered trademarks is challenged, franchisees may be required to switch to an alternative trademark, potentially increasing their expenses. This situation highlights the importance of trademark protection in maintaining brand identity and avoiding legal disputes.
Cordova does offer some protections to franchisees regarding the use of their trademarks. Cordova will protect the franchisee's right to use the Licensed Marks and other related rights and protect them against claims of infringement and unfair competition related to the Licensed Marks, provided that the franchisee uses the Licensed Marks in accordance with the terms of the Franchise Agreement, as designated by Cordova in the Manuals, and otherwise, as Cordova instructs them. Cordova will indemnify the franchisee against direct damages for trademark infringement in a proceeding arising out of their use of the Licensed Marks, provided their use of the Licensed Marks comply with the terms of their Franchise Agreement, the Manuals, Cordova's written instructions, and that they have timely notified Cordova of the claim, have given Cordova sole control of the defense and settlement of the claim, and they are in compliance with their Franchise Agreement.
Prospective franchisees should carefully consider the implications of using trademarks that are not federally registered and should inquire about Cordova's strategy for protecting these trademarks. It would be prudent to discuss with Cordova the potential costs and procedures involved if a change to an alternative trademark becomes necessary. Furthermore, franchisees should ensure they fully understand their obligations under the Franchise Agreement and Manuals regarding the proper use of the Licensed Marks to maintain the protections offered by Cordova.