Are there any material determinations by the USPTO regarding the Desi District trademarks?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
they are legally required.
Determinations
There are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. There are no pending infringement, opposition, or cancellation proceedings.
Litigation
There is no pending material federal or state court litigation regarding our use or ownership rights in a trademark.
Agreements
Desi District, LLC, our affiliate, owns the trademarks described in this Item. Under an Intercompany License Agreement between us and Desi District, LLC, we have been granted the exclusive right to sublicense the trademarks to franchisees throughout the United States. The agreement is of perpetual duration. It may be modified only by mutual consent of the parties.
Source: Item 13 — TRADEMARKS (FDD pages 40–42)
What This Means (2024 FDD)
According to Desi District's 2024 Franchise Disclosure Document, there are no currently effective material determinations by the United States Patent and Trademark Office (USPTO), the Trademark Trial and Appeal Board, or any state trademark administrator or court regarding the trademarks. Additionally, there are no pending infringement, opposition, or cancellation proceedings. This indicates that Desi District's trademarks are not currently subject to any adverse rulings or legal challenges that could affect a franchisee's ability to use them.
Desi District also states that there is no pending material federal or state court litigation regarding their use or ownership rights in a trademark. This provides further assurance that the trademarks are secure from legal disputes. Desi District's affiliate, Desi District, LLC, owns the trademarks and has granted Desi District the exclusive right to sublicense them to franchisees through an Intercompany License Agreement. This agreement is perpetual and can only be modified by mutual consent.
Furthermore, Desi District will defend franchisees against any legal action by a third party alleging trademark infringement and will indemnify them for expenses and damages if the legal action is resolved unfavorably, provided the trademarks are used in accordance with the franchise agreement. However, Desi District may require franchisees to modify or discontinue using a trademark at the franchisee's expense. Desi District 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 principal trademarks.
Prospective franchisees should be aware that while Desi District will protect their right to use the trademarks and defend against infringement claims, the franchise agreement obligates franchisees to notify Desi District of any identical or confusingly similar trademark uses or claims. However, Desi District is not required to take affirmative action upon notification. Franchisees should carefully review the terms of the franchise agreement regarding trademark usage and protection to understand their rights and obligations fully.