According to Deka Lash, what is the registration number for the 'DEKALASH' trademark?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
| Description of Mark | Principal or Supplemental Register of the USPTO | Registration | Registration Date | |
|---|---|---|---|---|
| Number | ||||
| Deka Lash | Principal | 5079356 | November 8, 2016 | |
| DEKALASH | Principal | 5739771 | April 30, 2019 | |
| Principal | 6238949 | January 4, 2021 |
Source: Item 13 — TRADEMARKS (FDD pages 44–45)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, the registration number for the 'DEKALASH' trademark is 5739771. This trademark is registered on the Principal Register of the USPTO (U.S. Patent and Trademark Office), with a registration date of April 30, 2019. DL IP Holdings, LLC owns the trademarks and licenses them to Deka Lash, under an agreement effective July 6, 2019, and amended on August 19, 2019. This license agreement has a one-year term that automatically renews unless either party terminates it with a 30-day written notice.
As a franchisee, you are granted the right to use this trademark, but this right is contingent upon Deka Lash maintaining its license with DL IP Holdings, LLC. If the license agreement is terminated, franchisees could lose the right to use the DEKALASH trademark. Franchisees must promptly notify Deka Lash of any claims against them for alleged infringement, unfair competition, or similar claims about the Marks. Deka Lash has the sole right to control any administrative proceedings or litigation involving the trademark, and the Franchise Agreement does not require Deka Lash to participate in the franchisee's defense or indemnify them for expenses or damages.
Furthermore, if Deka Lash discontinues or modifies their Marks, franchisees are obligated to adopt and use any new marks as required by Deka Lash, with any associated expenses being the franchisee's responsibility. Deka Lash states that they are not aware of any superior prior rights or infringing uses that could materially affect a franchisee's use of their Marks anywhere. This information is crucial for prospective franchisees to understand their rights and responsibilities regarding the use of Deka Lash's trademarks and the potential risks associated with trademark usage.