What is Cream's obligation regarding the filing of affidavits of use and renewals for the principal marks?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
All required affidavits of use and renewals will be filed in a timely manner. There is presently no effective determination of the U.S. Patent and Trademark Office, the Trademark Trial & Appeal Board, the trademark administrator of any state or any court, nor any pending infringement, opposition or cancellation proceeding or any pending material litigation involving our principal Marks.
Source: Item 13 — TRADEMARKS (FDD pages 39–40)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream is obligated to file all required affidavits of use and renewals for its trademarks in a timely manner. This is a standard practice in franchising to maintain the legal protection of the brand's trademarks. Cream licenses its marks from Parent under a License Agreement dated June 17, 2025, which lasts for 99 years unless terminated.
For a prospective Cream franchisee, this means that Cream is responsible for ensuring that the trademarks associated with the franchise remain legally protected. This obligation is crucial because the trademarks are a valuable asset of the franchise system, and their protection helps to maintain brand recognition and prevent infringement by others.
However, the Franchise Agreement does not require Cream to take affirmative action when notified of uses or claims. Cream may take action it deems appropriate (including no action) and control exclusively any litigation or other legal or administrative proceeding arising from any infringement, challenge, or claim or otherwise concerning the Marks or the System. Cream will reimburse the franchisee for all damages and expenses incurred in defending any trademark infringement proceeding disputing the authorized use of the Marks under the Franchise Agreement if the franchisee has timely notified Cream of, and complies with Cream's directions in responding to, the proceeding, and is in compliance with the Franchise Agreement. Cream is not required to assume the franchisee's defense.