Is the principal trademark for Endless Summer Sweets federally registered?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 13: TRADEMARKS]
Because we do not yet have a federal registration for this trademark, our trademark does not yet have as many legal benefits and rights as a federally registered trademark. We intend to file when due all required affidavits with respect to the trademark.
[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:
[Item 13: TRADEMARKS]
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.
[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 the 2024 Endless Summer Sweets Franchise Disclosure Document, the principal trademark is not yet federally registered, but an application is pending. The FDD states that because Endless Summer Sweets does not yet have a federal registration for its trademark, it does not have as many legal benefits and rights as a federally registered trademark. The application for the principal trademark is pending on the Principal Register of the United States Patent and Trademark Office. The trademark application was filed on November 12, 2022, and has a serial number of 97674811.
While the trademark is not yet registered, Endless Summer Sweets indicates its intention to file all required affidavits when due. The company also states that if a franchisee uses their trademarks in accordance with the franchise agreement, Endless Summer Sweets will defend the franchisee against any legal action by a third party alleging infringement and will indemnify the franchisee for expenses and damages if the legal action is resolved unfavorably. However, Endless Summer Sweets may require a franchisee to modify or discontinue using a trademark at the franchisee's expense.
Endless Summer Sweets also states that they are unaware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks. Antoinette Sanchez, the founder of Endless Summer Sweets, owns the trademarks and licenses them to the company. Endless Summer Sweets has the exclusive right to sublicense the trademarks to franchisees throughout the United States under an Intercompany License Agreement with Antoinette Sanchez. This agreement has no expiration date and can only be modified by mutual consent. It can be terminated by their affiliate only if Endless Summer Sweets materially misuses the trademarks and fails to correct the misuse, or if they discontinue commercial use of the trademarks for a continuous period of more than one year. If the Intercompany License Agreement is terminated, a franchisee's rights will remain unaffected.