Are there any pending opposition proceedings related to the Crab N Spice trademarks?
Crab_N_Spice Franchise · 2024 FDDAnswer from 2024 FDD Document
5799067 | 07/09/2025 |
Determinations
There are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. There are no pending infringement, opposition, or cancellation proceedings.
Litigation
There is no pending material federal or state court litigation regarding our use or ownership rights in a trademark.
Agreements
There are no currently effective agreements that significantly limit our rights to use or license the use of trademarks listed above in a manner material to the franchise.
Protection of Rights
We protect your right to use the principal trademarks listed in this Item, and we protect you against claims of infringement or unfair competition arising out of your use of the trademarks, to the extent described in this section.
The franchise agreement obligates you to notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to a trademark licensed to you. The franchise agreement does not require us to take affirmative action when notified of these uses or claims. We have the right to control any administrative proceedings or litigation involving a trademark licensed by us to you.
If you use our trademarks in accordance with the franchise agreement, then (i) we will defend you (at our expense) against any legal action by a third party alleging infringement by your use of the trademark, and (ii) we will indemnify you for expenses and damages if the legal action is resolved unfavorably to you.
Under the franchise agreement, we may require you to modify or discontinue using a trademark, at your expense.
Superior Prior Rights and Infringing Uses
We do not know of either superior prior rights or infringing uses that could materially affect your use of the principal trademarks.
Source: Item 13 — TRADEMARKS (FDD pages 28–30)
What This Means (2024 FDD)
According to Crab N Spice's 2024 Franchise Disclosure Document, there are no pending opposition proceedings concerning their trademarks. The FDD states that there are no currently effective material determinations by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. Furthermore, there are no pending infringement, opposition, or cancellation proceedings, nor is there any pending material federal or state court litigation regarding Crab N Spice's use or ownership rights in a trademark.
Crab N Spice also confirms that there are no currently effective agreements that significantly limit their rights to use or license the use of their trademarks in a manner material to the franchise. This indicates that Crab N Spice has taken steps to ensure the trademarks they license to franchisees are protected and free from legal challenges.
Crab N Spice will defend franchisees (at their expense) against any legal action by a third party alleging infringement if the franchisee uses the trademarks in accordance with the franchise agreement. Additionally, Crab N Spice will indemnify franchisees for expenses and damages if any legal action is resolved unfavorably to them. However, the franchise agreement does not require Crab N Spice to take affirmative action when notified of uses or claims of similar trademarks, but they do have the right to control any administrative proceedings or litigation involving a trademark licensed to franchisees. Franchisees are obligated to notify Crab N Spice of any identical or confusingly similar trademark use or claims.
It is important to note that Crab N Spice may require franchisees to modify or discontinue using a trademark at the franchisee's expense. While Crab N Spice does not know of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks, franchisees should be aware of this possibility and the associated costs.