Are there any currently effective material determinations of the USPTO regarding the Craters & Freighters Marks?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, any pending infringement, opposition or cancellation proceedings or any pending material litigation involving any of the Marks. No currently effective litigation affects our use or ownership rights in any Mark. No currently effective agreement limits our right to use or license the use of the Marks.
We will protect your right to use the Marks. You must notify us of any challenges to the Marks. Your Franchise Agreement requires us to take affirmative action when notified of any challenges or any trademark that is similar or confusing to the public. We will defend the Marks at our expense and as we determine. We reserve the right to control any litigation related to the Marks.
You must modify or discontinue the use of a Mark if we modify or discontinue the use of such Mark. If this happens, we will reimburse you for your tangible out-of-pocket cost of compliance (for example, changing letterhead and business cards). You must not directly or indirectly contest our right to the Marks, trade secrets or business techniques.
Source: Item 13 — TRADEMARKS (FDD pages 32–34)
What This Means (2025 FDD)
According to Craters & Freighters' 2025 Franchise Disclosure Document, there are no currently effective material determinations by the USPTO, the Trademark Trial and Appeal Board, or any court regarding the Craters & Freighters marks. Additionally, there is no pending infringement, opposition, cancellation proceedings, or material litigation involving any of the marks, nor any effective litigation affecting Craters & Freighters' use or ownership rights in any mark. No current agreement limits Craters & Freighters' right to use or license the use of the marks.
This statement provides assurance to potential franchisees that the trademarks Craters & Freighters uses are not currently subject to any adverse legal determinations that could limit their use. It also confirms that there are no ongoing legal battles that could impact the brand's ability to protect its trademarks. This reduces the risk that a franchisee would have to change their business name or branding due to trademark disputes.
Craters & Freighters also states that they will protect the franchisee's right to use the marks and requires franchisees to notify them of any challenges to the marks. The Franchise Agreement mandates that Craters & Freighters take action when notified of any challenges or confusingly similar trademarks. Craters & Freighters will defend the marks at their expense and control any related litigation. However, franchisees must modify or discontinue the use of a mark if Craters & Freighters modifies or discontinues its use, in which case Craters & Freighters will reimburse the franchisee for tangible out-of-pocket costs like changing letterhead and business cards. Franchisees are prohibited from contesting Craters & Freighters' rights to the marks, trade secrets, or business techniques.
While Craters & Freighters intends to protect the marks, the FDD also states that one of their trademarks does not have a federal registration, which means it does not have as many legal benefits and rights as a federally registered trademark. If their right to use this trademark is challenged, the franchisee may have to change to an alternative trademark, which may increase expenses. Before opening their Franchised Business, the FDD recommends that franchisees research the possibility of other businesses using similar trademarks, trade names, or other commercial symbols with superior rights to Craters & Freighters' rights.