Are there any currently effective material determinations of the USPTO involving the Crisp & Green Marks?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
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. If we believe at any time that it is advisable for us and/or you to modify, discontinue using, and/or replace any Mark, and/or use one or more additional or substitute trademarks or service marks, you must comply with our directions within a reasonable time after receiving notice. We need not reimburse you for your expenses in complying with these directions (such as costs that you incur in changing the signs or replacing supplies for the Franchised Restaurant), for any loss of revenue due to any modified or discontinued Mark, or for your expenses of promoting a modified or substitute trademark or service mark.
Source: Item 13 — TRADEMARKS (FDD pages 47–49)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, there are no currently effective material determinations from the USPTO (United States Patent and Trademark Office), the Trademark Trial and Appeal Board, or any state trademark administrator or court involving the Crisp & Green marks. Additionally, there are no pending infringement, opposition, or cancellation proceedings or material federal or state court litigation involving the marks. All required affidavits have been filed to maintain the trademarks. Crisp & Green also states that they are not aware of either superior prior rights or infringing uses that could materially affect a franchisee's use of the marks.
While some of Crisp & Green's marks are federally registered, others are not. The federally registered trademarks are listed in the table provided, including "CRISP & GREEN" registered on April 11, 2017, "CRISP@GREEN" registered on March 13, 2018, and "LOCALLY OWNED" registered on February 22, 2022. Unregistered marks lack the legal benefits of federally registered trademarks. If the right to use unregistered marks is challenged, a franchisee may be required to stop using them and switch to an alternative mark, potentially increasing expenses.
As a Crisp & Green franchisee, you are obligated to immediately inform Crisp & Green of any actual or apparent infringement or challenges to the use of any mark. Franchisees are restricted from communicating with anyone other than Crisp & Green, its parent company, their attorneys, and the franchisee's attorneys regarding any infringement, challenge, or claim. Crisp & Green and its parent company have the exclusive right to control any litigation, USPTO proceeding, or other administrative proceeding arising from any infringement, challenge, or claim concerning any mark. Franchisees must also sign documents and take actions deemed necessary by Crisp & Green's attorneys to protect the interests in the marks.
Crisp & Green does not have an obligation to protect a franchisee's right to use the marks or protect them against claims of infringement or unfair competition. Crisp & Green will only indemnify a franchisee against costs, expenses, and damages if the franchisee's use of the marks was authorized and in accordance with the Franchise Agreement, the franchisee timely notified Crisp & Green of the claim, and the franchisee is in compliance with all agreements with Crisp & Green.