Are there any pending infringement, opposition, or cancellation proceedings related to the Endless Summer Sweets trademarks that could affect my ability to use them?

According to Endless Summer Sweets's 2024 Franchise Disclosure Document, there are currently no pending infringement, opposition, or cancellation proceedings that could materially impact a franchisee's ability to use the brand's trademarks. However, it is important to note that Endless Summer Sweets does not yet have a federal registration for its trademark, which means it may not have as many legal benefits and rights as a federally registered trademark. Endless Summer Sweets intends to file all required affidavits when due. The principal trademark that Endless Summer Sweets licenses to franchisees is owned by Antoinette Sanchez, the founder, and is licensed to Endless Summer Sweets. An application is pending on the Principal Register of the United States Patent and Trademark Office. The application date is November 12, 2022, and the serial number is 97674811.

Endless Summer Sweets, through an intercompany license agreement with Antoinette Sanchez, has 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. It can be terminated by Endless Summer Sweets' affiliate only 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 more than one year. Importantly, the agreement specifies that termination of the intercompany license agreement will not affect a franchisee's rights.

Endless Summer Sweets will defend franchisees against legal actions by third parties alleging trademark infringement and will indemnify franchisees for expenses and damages if such legal actions are resolved unfavorably, provided the franchisee uses the trademarks in accordance with the franchise agreement. 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 any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks. Franchisees are obligated to notify Endless Summer Sweets of any identical or confusingly similar trademark uses or claims, but Endless Summer Sweets is not required to take affirmative action upon notification.