Are there any pending cancellation proceedings related to the Endless Summer Sweets trademarks?
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.
Source: Item 13 — TRADEMARKS (FDD pages 27–28)
What This Means (2024 FDD)
According to Endless Summer Sweets's 2024 Franchise Disclosure Document, there are no pending infringement, opposition, or cancellation proceedings related to their trademarks. The trademark is owned by Antoinette Sanchez, the founder, and is licensed to Endless Summer Sweets. An application for the principal trademark is pending with the United States Patent and Trademark Office, with an application date of November 12, 2022, and serial number 97674811.
Endless Summer Sweets states that they will defend a franchisee (at their expense) against any legal action by a third party alleging infringement if the franchisee uses their trademarks in accordance with the franchise agreement. Additionally, Endless Summer Sweets will cover expenses and damages if any legal action is resolved unfavorably to the franchisee. However, the franchise agreement allows Endless Summer Sweets to require a franchisee to modify or discontinue using a trademark, and the franchisee would bear that expense.
Endless Summer Sweets also indicates that they are unaware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks. However, because the trademark is not yet federally registered, it does not have as many legal benefits and rights as a federally registered trademark. Endless Summer Sweets intends to file all required affidavits when due.
Prospective franchisees should be aware that while Endless Summer Sweets intends to protect the trademarks, the ultimate responsibility for ensuring non-infringement may fall on the franchisee if Endless Summer Sweets requires them to modify or discontinue using a trademark. Additionally, the lack of a federal registration could present risks, and it would be wise to inquire about the status and timeline for federal registration to better understand the long-term security of the trademarks.