What is the application date for the Endless Summer Sweets principal trademark?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 13: TRADEMARKS]
| Trademark | Application Date | Serial Number |
|---|---|---|
| November 12, 2022 | 97674811 |
Source: Item 13 — TRADEMARKS (FDD pages 27–28)
What This Means (2024 FDD)
According to Endless Summer Sweets's 2024 Franchise Disclosure Document, an application is pending on the Principal Register of the United States Patent and Trademark Office for their principal trademark. The application date for the trademark is November 12, 2022, and the serial number is 97674811. The trademark is owned by Antoinette Sanchez, the founder, and is licensed to An.
Since Endless Summer Sweets does not yet have a federal registration for its trademark, it currently lacks some of the legal benefits and rights associated with a federally registered trademark. However, Endless Summer Sweets states its intention to file all required affidavits when due. This means that while the trademark is protected to some extent, the company is still in the process of securing full federal protection.
Endless Summer Sweets assures franchisees that they have the right to use the principal trademarks and will be protected against claims of infringement or unfair competition. If a franchisee uses the trademarks according to the franchise agreement, Endless Summer Sweets will defend them against any legal action alleging infringement and will cover expenses and damages if the legal action is resolved unfavorably to the franchisee. However, the franchise agreement does not require Endless Summer Sweets to take action if notified of similar trademarks, but they do have the right to control any administrative proceedings or litigation involving the trademark.
Prospective franchisees should be aware that Endless Summer Sweets may require them to modify or discontinue using a trademark at the franchisee's expense. However, Endless Summer Sweets states that they are not aware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks.