Are there any material determinations by the USPTO regarding the Endless Summer Sweets trademark?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
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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. or any pending material litigation involving the Marks that is relevant to Your ability to use the Marks in connection with the business. There are no agreements that significantly limit our rights to use or license you to use the Marks in any manner material to the business.
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.
Protection of Rights
We protect your right to use the principal trademarks listed in this Item, and we protect you against claims of infringement or unfair competition arising out of your use of the trademarks, to the extent described in this section.
The franchise agreement obligates you to notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to a trademark licensed to you. The franchise agreement does not require us to take affirmative action when notified of these uses or claims. We have the right to control any administrative proceedings or litigation involving a trademark licensed by us to you.
Source: Item 13 — TRADEMARKS (FDD pages 27–28)
What This Means (2024 FDD)
According to the 2024 Endless Summer Sweets Franchise Disclosure Document, there are no currently effective material determinations from the United States Patent and Trademark Office (USPTO), the Trademark Trial and Appeal Board, or any state trademark administrator or court regarding the Endless Summer Sweets trademark. Additionally, there are no pending infringement, opposition, or cancellation proceedings, nor any pending material litigation involving the trademarks that could affect a franchisee's ability to use the marks in connection with their business. There are also no agreements that significantly limit Endless Summer Sweets' rights to use or license the trademarks to franchisees in any manner material to the business. However, the document indicates that Endless Summer Sweets does not yet have a federal registration for its trademark, which means it currently lacks some of the legal benefits and rights associated with a federally registered trademark. Endless Summer Sweets intends to file all required affidavits when due.
Endless Summer Sweets' owner, Antoinette Sanchez, owns the trademarks and licenses them to the company through an Intercompany License Agreement, granting Endless Summer Sweets the exclusive right to sublicense the trademarks to franchisees throughout the United States. This agreement has no expiration date and can only be modified by mutual consent. Termination is possible only if Endless Summer Sweets materially misuses the trademarks and fails to correct the misuse, or if commercial use of the trademarks is discontinued for more than one year. Importantly, the agreement specifies that termination will not affect a franchisee's rights.
Endless Summer Sweets states that it will defend franchisees against legal actions by third parties alleging trademark infringement, provided the franchisee uses the trademarks in accordance with the franchise agreement. Endless Summer Sweets will also indemnify franchisees for expenses and damages if any such legal action is resolved unfavorably to the franchisee. However, Endless Summer Sweets retains the right to require a franchisee to modify or discontinue using a trademark, at the franchisee's expense. Endless Summer Sweets 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.
The application date for the Endless Summer Sweets trademark is November 12, 2022, and the serial number is 97674811. The trademark application is pending on the Principal Register of the United States Patent and Trademark Office.