Who owns the principal trademark licensed to Endless Summer Sweets franchisees?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 13: TRADEMARKS]
Agreements
Antoinette Sanchez, our owner, owns the trademarks described in this Item. Under an Intercompany License Agreement between us and Antoinette Sanchez, we have been granted the exclusive right to sublicense the trademarks to franchisees throughout the United States. The agreement has no expiration. It may be modified only by mutual consent of the parties. It may be terminated by our affiliate only if (1) we materially misuse the trademarks and fail to correct the misuse, or (2) we discontinue 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, your franchise rights will remain unaffected.
[Item 13: TRADEMARKS]
Item 13 TRADEMARKS
Principal Trademark
The following is the principal trademark that we license to you. This trademark is owned by our founder, Antoinette Sanchez and is licensed to us, An application is pending on the Principal Register of the United States Patent and Trademark Office as follows:
| 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, the principal trademark is owned by Antoinette Sanchez, the founder of the company. Endless Summer Sweets, as the franchisor, has been granted the exclusive right to sublicense the trademarks to franchisees throughout the United States through an Intercompany License Agreement with Antoinette Sanchez. This agreement has no expiration date and can only be modified with the mutual consent of both parties. Termination of the agreement is possible only if Endless Summer Sweets materially misuses the trademarks without correcting the misuse or if they discontinue commercial use of the trademarks for over one year. Importantly, the agreement specifies that termination will not affect the rights of franchisees. An application for the principal trademark is pending on the Principal Register of the United States Patent and Trademark Office with a trademark application date of November 12, 2022, and a serial number of 97674811.