What may happen if Crisp & Green's right to use unregistered Marks is challenged?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
ebruary 22, 2022 | | LOCALLY LOVED | Register | | Although our Marks set forth in the above table are federally registered, other of our Marks are not and will not be federally registered. These unregistered Marks do not have many of the legal benefits and rights of federally registered trademarks. If our right to use our unregistered Marks were challenged, you may be required to cease using such unregistered Marks and may be required to use an alternative mark instead, which could increase your expenses.
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court, and there is no pending infringement, opposition, or cancellation proceedings or material federal or state court litigation, involving the Marks. All required affidavits have been filed. We do not know of either superior prior rights or infringing uses that could materially affect your use of the Marks.
You must follow our rules and other Standards when using the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 47–49)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, some of their marks are not federally registered, which means they lack the full legal protections of registered trademarks. If Crisp & Green's right to use these unregistered marks is challenged, a franchisee may be required to stop using those marks.
Furthermore, the franchisee might need to adopt an alternative mark. This change could lead to increased expenses for the franchisee, as they would need to update signage, marketing materials, and other branded items to reflect the new mark.
Crisp & Green also has the right to modify, discontinue, or replace any mark, and franchisees must comply with these changes. However, Crisp & Green is not required to reimburse franchisees for expenses incurred while complying with these changes, including costs for changing signs or replacing supplies, loss of revenue due to a modified or discontinued mark, or expenses of promoting a modified or substitute trademark or service mark.