factual

Does the FDD state whether the Crown Gold Exchange trademark registration has been renewed?

Crown_Gold_Exchange Franchise · 2024 FDD

Answer from 2024 FDD Document

| | Trademark | Registration Date | Registration Number | |---|---|---|---| | Crown Gold Exchange | | 6/30/2015 | 4765544 | Because the federal trademark registration is less than six years old, no affidavits are required at this time. The registration has not yet been renewed, but we intend to do so at the time they are legally required.

Source: Item 13 — TRADEMARKS (FDD pages 26–27)

What This Means (2024 FDD)

According to Crown Gold Exchange's 2024 Franchise Disclosure Document, the trademark registration has not yet been renewed. The FDD specifies that because the federal trademark registration is less than six years old, no affidavits are required at this time. However, Crown Gold Exchange intends to renew the registration when legally required. The principal trademark that Crown Gold Exchange licenses to franchisees is owned by their affiliate, WAM Gold, LLC, and is registered on the Principal Register of the United States Patent and Trademark Office. The registration date for the Crown Gold Exchange trademark is June 30, 2015, and the registration number is 4765544.

This information is important for prospective franchisees because it confirms that the trademark is currently registered and that Crown Gold Exchange plans to maintain the registration. A registered trademark provides legal protection for the brand, preventing others from using a similar name or logo in the same industry. The fact that the trademark is owned by an affiliate, WAM Gold, LLC, and licensed to Crown Gold Exchange is also relevant. This arrangement is governed by an Intercompany License Agreement, which grants Crown Gold Exchange the exclusive right to sublicense the trademarks to franchisees throughout the United States.

The agreement is of perpetual duration and can only be modified by mutual consent. It can be canceled by WAM Gold, LLC, only if Crown Gold Exchange materially misuses the trademarks and fails to correct the misuse, or if Crown Gold Exchange discontinues commercial use of the trademarks for a continuous period of more than one year. The Intercompany License Agreement specifies that if it is ever terminated, the franchisee's rights will remain unaffected. This provides some assurance to franchisees that their right to use the trademark will continue even if the licensing agreement between Crown Gold Exchange and its affiliate is terminated.

Crown Gold Exchange also provides protection to franchisees regarding the use of trademarks. If a franchisee uses the trademarks in accordance with the franchise agreement, Crown Gold Exchange will defend the franchisee against any legal action by a third party alleging infringement and will indemnify the franchisee for expenses and damages if the legal action is resolved unfavorably. However, Crown Gold Exchange may require a franchisee to modify or discontinue using a trademark at the franchisee's expense under the franchise agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.