Who owns the trademarks for Endless Summer Sweets?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 13: TRADEMARKS]
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.
If you use our trademarks in accordance with the franchise agreement, then (i) we will defend you (at our expense) against any legal action by a third-party alleging infringement by your use of the trademark, and (ii) we will indemnify you for expenses and damages if the legal action is resolved unfavorably to you.
Under the franchise agreement, we may require you to modify or discontinue using a trademark, at your expense.
| 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 trademarks are owned by Antoinette Sanchez, the company's owner and founder. Endless Summer Sweets has been granted the exclusive right to sublicense these 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.
The Intercompany License Agreement can be terminated by Antoinette Sanchez if Endless Summer Sweets materially misuses the trademarks and fails to correct the misuse, or if Endless Summer Sweets discontinues commercial use of the trademarks for a continuous period of more than one year. However, the agreement specifies that even if it is terminated, the franchisee's rights will remain unaffected.
Endless Summer Sweets states that they will defend franchisees against legal actions by a third party alleging trademark infringement and will cover expenses and damages if the legal action is resolved unfavorably to the franchisee. However, Endless Summer Sweets may require franchisees to modify or discontinue using a trademark at the franchisee's expense. As of the FDD's publication, an application for the principal trademark was pending with the United States Patent and Trademark Office, with an application date of November 12, 2022, and a serial number of 97674811.